If Oxford Village businesses currently violating the zoning ordinance by conducting outdoor sales would like the municipality to consider changing its rules, they’re going to have to come forward and ask for it.

That was the message last week from the village planning commission.

“In my opinion, write them a ticket, (then) let them come to us and request an amendment to the ordinance and pay for (the process). If they want to do outdoor sales, we’ll consider it,” said Commissioner Maureen Helmuth, who also serves on the village council.

Three businesses located along N. Washington St. (M-24), north of East St., are conducting outdoor sales, an activity that is “outright prohibited” in their zoning district, which is C-1 Transition, according to a June 14 memo from village planner Chris Khorey, of the Northville-based McKenna Associates.

“Basically, everything (along Washington St.) that isn’t downtown or (in the Oxford) Marketplace (shopping center), falls under C-1 Transition,” Khorey explained to commissioners.

Khorey said “C-1 Transition is intended to be a high-quality, mixed-use gateway (zoning) district” that leads to the core downtown area and as such, outdoor sales are prohibited in order to maintain an appearance that’s attractive and inviting.

According to Khorey, “all three businesses have pushed back on enforcement” because they claim “outdoor sales are crucial to their operations.”

In light of this, village staff decided to seek direction from the planning commission.

Khorey presented commissioners with two options in his memo.

One, amend the zoning ordinance to allow outdoor sales in C-1 Transition, but make it a special land use so businesses conducting them must adhere to specific standards.

Or two, “take enforcement actions against the three businesses.”

“This could be a difficult and antagonistic process, but it would also pursue the village’s goal of making C-1 Transition areas attractive and charming gateways to the historic downtown,” Khorey wrote.

None of the commissioners spoke in favor of the first option.

“I think we need to enforce our ordinances,” said Helmuth, who noted everybody wants to “crack down” on violations, but “no one does it.”

She believes it’s up to the businesses in question to get the ball rolling by asking the village for an ordinance change and making a case for why it’s needed.

“I don’t think we should be amending the ordinance because someone might get a ticket,” Helmuth said.

Commissioner Jack Curtis expressed his view that requests concerning ordinance amendments should come from the village council as the governing body, not municipal staff.

“Somebody should be giving us direction,” he said.

The planning commission, which is a recommending body, can draft ordinance amendments, but in order for them to receive approval and take effect, they ultimately, must reflect “the will and wants of village council,” according to Curtis.

“Somebody should be telling us, not asking us, whether we should enforce it or whether we should change the ordinance,” he said. “I think we’re more of an ordinance review (body), not a policy-setting commission.”

Helmuth disagreed.

“I don’t think village council has anything to do with it,” she said, reiterating her belief it’s up to the businesses to seek a change.

After listening to the discussion, Commission Chairman Gary Douglas said, “I’m not persuaded to take any action here based on what I’ve heard so far.”

“If this is a business that would like to have some special dispensation or consideration (regarding) our existing ordinances, then they should come to us with a request and go through normal channels,” he continued.

If they are in violation of the local ordinance, Douglas said the enforcement officer should inform them of the situation, then “if they choose to challenge that, they can approach us and state their case.”

“We are known for making exceptions,” he said.

Curtis agreed there’s nothing for the planning commission to do at this point.

“I don’t think we should take any action. I think you have an ordinance in place . . . Because other people are doing (something), doesn’t make it right,” he said.

Curtis noted he doesn’t want to “chase a business away,” but he also doesn’t want them “to take for granted . . . the downtown aesthetics (and) the purpose of the ordinance, those kind of things.”