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08/30/2016 01:30 PMGuilford business owners will have the opportunity to push for outdoor display items once again. After the Planning & Zoning Commission (PZC) elected at its regular meeting on June 1 not to expand an amendment that would have allowed one outdoor display each weekend from April through December, an updated version of the amendment is scheduled to come before PZC again this September.
The original amendment was voted down after members of the commission determined there were too many variables in the amendment and cited concerns over enforcement and appearance of the displays. Local business owners who attended the PZC public hearings expressed displeasure with the decision.
Under the proposed amendment, businesses would have been allowed to display one permitted item outside their store from the first weekend in April through Dec. 24 of each year and on holiday weekends. Items that could have been displayed outside would be regulated per the amendment. The amendment included provisions such as requiring that the display immediately abut the building, and prohibiting clothing racks.
After it was initially voted down, the amendment was passed to the Zoning Committee to be reworked. After several summer meetings, Economic Development Commission (EDC) Chair Mark Wasserman said the amendment is ready to go back to PZC.
“EDC and the Zoning Committee worked very well together,” he said. “With our last attempt to resolve this amendment, PZC realized that this was an important issue to the merchants of Guilford and has taken the appropriate action to resolve this matter quickly.”
The new version of the amendment includes significant changes according to Zoning Commission Chair Joshua Hershman.
“It has changed pretty dramatically,” he said. “We added a lot more discretion to the zoning enforcement officer to determine if something is tasteful or if it maintains the natural aesthetic of the zone, things like that.”
Hershman said the updated amendment benefits the merchants as well by extending the days merchants can display an item.
“If this gets approved by planning and zoning, it will be every day and all day long,” he said of approved display dates. “But it [the amendment] will only be one year long from the effective date of the amendment and then we will revisit it again to see if there are any problems.”
Wasserman said opening the display dates to the full year will benefit the merchants and the town.
“The decision to remove the date and seasonal restrictions was based on what other towns, similar to Guilford, have in their regulations,” he said. “There are only a couple of PZC members who want this type of restriction and we believe there is no basis for it other than their own personal preferences. Furthermore, restricting the days on when merchants can put out a display only puts a strain on the town’s resources. As we only have one zoning enforcement officer, tasking her to keep track of what days merchants can put out a display and if they are following that schedule keeps her from checking on more substantial zoning violations, which may otherwise go unnoticed and be potentially dangerous to the community. By removing the restriction, it makes the amendment easier to enforce and easier for the merchants to follow.”
While Wasserman said he understands the need for a trial period on the amendment, he would have preferred the amendment be permanent.
“We understand that PZC would like to be cautious in making zoning amendments,” he said. “We have done trial periods in the past and it gives the opportunity to address any issues that may arise throughout the course of the year before the amendment becomes permanent.”
Hershman said he expects the revised amendment will be accepted for consideration by PZC at its regular meeting on Wednesday, Sept. 7 and heard at its regular meeting on Wednesday, Sept. 17.