The concept of outdoor display of merchandise is not new. Businesses that survive on retail sales use the good weather months to maximize sales by putting stuff outside to catch the wandering eyes of all the people that walk the streets or drive by.

Over the last twenty years and in the opinion of some, this concept was abused to the point of making the town look junky, touristy, crowded or otherwise not appropriate.

Everybody has their opinion, some care, some don’t care.

The town adopted zoning regulations many years ago, of which language was included that tried to address the issue of outdoor display.

The criteria established tried to acknowledge the need to allow businesses to gain more exposure by placing their goods outside.

However, limits were also established. The bigger the store, the more stuff can go outside.

Maximum distances from the building [store] were established so the entire outside area would not be filled.

Again, these regulations were written with the intent to allow outside display of merchandise with limits, thus not over-crowding outside areas.

Straight out of the Town’s zoning ordinance, here is Section 12-H…

“Unless expressly approved by the Planning Board, all retail and wholesale sales of merchandise or other permitted commercial activities shall be conducted from a permanent structure located on the same lot upon which the commercial activity is conducted.

Except as may otherwise be permitted by the Planning Board, outside display of merchandise shall be limited to an area not to exceed ten (10) percent of the floor area of the structure from which the sale is conducted and shall be located within fifteen (15) feet of the structure for which the permit for commercial use has been issued.

In its consideration of exceptions to these provisions, the Planning Board shall be limited by the following:

1. Such exceptions shall be granted to commercial businesses clearly requiring such exceptions, as part of the consideration of a conditional use; or

2. Such exception shall be granted for a limited time only, not to exceed five (5) consecutive days in any year.”

It was around 1995 that the two exceptions were added to Section 12-H.

This was an attempt to give the Planning Board some additional latitude in considering an approval for some more unique situations other than the local furniture store wanting to put some items out front for the day.

Things like a craft fair, flea market or a farmers’ market. By the way, the local Farmers’ Market is now held every Friday during the summer and has turned into what seems to be a very successful event.

Yes, they did go to the Planning Board several years ago and got a Conditional Use Permit to do what they do.

Now the question has been raised concerning all these not-for-profit events going on all over the town.

Things like chickens bbq’s held by the church, the masons, by the school, the fire department, the Art Center or the annual craft fair held by the Big Moose Chapel or the library book signing and sale held under a tent in the middle of town.

You could probably name about twenty different events all held to benefit a good cause and usually sponsored by a recognized not-for-profit group.

Do these things rise to the level of requiring Planning Board approval in each and every case? Again, some say yes, some will say no.

As a Code Enforcement Officer, it’s hard and sometimes awkward or even near impossible to administer local regulations… especially when they are hard to interpret.

One thing is for sure, you will always find many different interpretations, opinions, views or ideas on how it should be done by others.

As far as enforcement goes, the clearer the language of the regulation is, the easier it is to administer.

Will everyone agree on the existing or any potential change in the regulatory language?

Of course not. If there is to be change, it needs to address a
real problem, if any, and be fair, understandable and enforceable.