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Spencer discusses written rules or administrative authority for sidewalk and alleyway uses after business dispute
Summary
Town staff proposed two options — administrative authority for the zoning administrator or a detailed ordinance with standards and permitting — after a business owner complained that chairs and other items placed on sidewalks and in an alley were obstructing pedestrian access.
A dispute between neighboring businesses over outdoor seating has prompted Spencer staff to ask the Board of Aldermen for guidance on new rules for sidewalk and alleyway uses.
During public comment, local business owner Charles White said items placed outside at 109 and 111 5th Street were blocking sidewalks and alleyways, making pedestrian movement difficult. "They're putting chairs on the sidewalks. They're putting chairs in the alleyways. They're blocking the sidewalks where people can't walk up and down," White said during his three-minute public comment.
Planner and zoning official Mr. Blunt told the board staff had looked at model ordinances from other municipalities and offered two approaches: grant the zoning and subdivision administrator authority to approve or deny various uses of sidewalks and alleyways (decisions would be appealable to the zoning board of adjustment), or draft a more detailed ordinance with objective standards, a permitting system and clearer enforcement rules.
"I drafted some language that basically gives me as the zoning and subdivision administrator, the authority to approve or disapprove of various uses of sidewalks and alleyways," Mr. Blunt said, adding that any administrative decision would be appealable.
Board members differed on the best route. One member said a formal ordinance would avoid the perception of favoritism that can come with an individual making subjective calls; another said staff negotiation could be a flexible first step and, if it fails, the town could later adopt a more specific code.
A board member raised accessibility concerns, saying sidewalks must remain passable for wheelchairs and strollers: "You absolutely should be able to pass that sidewalk with a wheelchair or a baby stroller without having to push through the cars and walk down the road," the member said.
Staff told the board they would draft text-amendment language and return to a future meeting for further guidance.
Next steps: Mr. Blunt said he will return with formal amendment options; the board did not adopt any ordinance at the July 8 meeting.
