HomeMy WebLinkAboutA003 - Council Action Form dated September 25, 2012 I
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ITEM # 35
DATE: 09-25-12
COUNCIL ACTION FORM
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT TO ADD FIREARM SALES
TO THE LIST OF PROHIBITED HOME OCCUPATIONS
BACKGROUND:
On April 25, 2012, the Zoning Board of Adjustment approved an application for a Home
Occupation for home based firearm sales. The Zoning Board of Adjustment determined
that in this case the Zoning Ordinance did not distinguish among the type of retail sales
by type of merchandise, so the application was treated as any other retail request and
approved under the ordinance. At that time the Board heard multiple concerns from
neighboring residents who felt that the proposed use was a safety issue.
The Board, thereafter, approved the Home Occupation with conditions that included
such items as 1) the business operating only by appointment during specific restricted
hours, 2) that the address of the business not be listed in advertising, 3) that no
ammunition sales be permitted as part of the business, 4) that proof of federal firearms
licensing be provided, and 5) that the City be able to monitor appointment logs and gun
transfers upon request.
This approval by the Board was granted for one year only. Should the owner wish to
continue his home occupation after expiration, a new application would be required to
be submitted for review under the then-existing Zoning Ordinance. Therefore, if the
proposed text amendment is approved, the applicant would not be allowed to obtain a
renewed home occupation permit for this use.
The list of stipulations on the approval was an effort to mitigate and monitor the
concerns of the residents. The Zoning Board of Adjustment recommended to the
residents that they raise their concerns with the City Council should they wish to request
an amendment to the ordinance to list firearm sales as a prohibited use as a Home
Occupation.
On April 30, 2012, after approval of the previous home occupation, the City
received a formal request from John and Kitty Lamont requesting that the City
Council add "residential gun sales" to the prohibited list of businesses for home
occupation permits. The City Council, at the May 8, 2012 meeting, referred the
request to staff to address firearm sales as a prohibited use as a Home
Occupation.
Section 29.1304 of the Zoning Ordinance has the stated intent to "protect residential
areas from potential adverse impacts of activities defined as home occupations; to
permit residents of the community a broad choice in the use of their homes as a place
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of livelihood in the production or supplementing of personal/family income; to restrict
incompatible uses; to establish criteria and develop standards for the use of residential
structures or dwelling units for home occupations." The Zoning Ordinance currently
does not list firearm sales as either a permitted, special permitted, or prohibited
home occupation.
The uses specifically prohibited in Section 29.1304(1)(c) as home occupations are listed
as follows:
(i) Animal hospitals;
(ii) Dancing studios or exercise studios;
(iii) Private clubs;
(iv) Restaurants;
(v) Stables and kennels; and
(vi) Repair or painting of motor vehicles, including motorcycles.
Consistent with the City Council referral, staff is proposing that the text
amendment (included in the attached draft ordinance) add a line item to Section
29.1304(1)(c) designating firearm sales as a prohibited home occupation.
Recommendation of the Planning & Zoning Commission. At the meeting of
September 5, 2012, the Planning and Zoning Commission heard public comment
regarding the neighborhood concerns for having firearm sales as an allowed home
occupation. Public comment was also voiced on behalf of the current resident who was
approved by the ZBA for a Home Occupation permit for firearm sales. The Planning
and Zoning Commission made three motions, two of which failed on 2 to 4 and 3 to 3
votes, and the third of which failed due to lack of second.
While the Planning and Zoning Commission submits no formal recommendation to the
City Council, they suggested that the City Council review the conditions of the
previously approved Home Occupation Permit along with comments from the Planning
and Zoning Commission meeting. A copy of the Planning and Zoning Commission
minutes on this item is attached.
ALTERNATIVES:
1. The City Council can approve the zoning code text amendment to add firearm sales
to Section 29.1304(1)(c) Prohibited Home Occupations.
2. The City Council can choose not to adopt the proposed text amendments to add
firearm sales to Section 29.1304(1)(c) Prohibited Home Occupations.
3. The City Council can refer this issue back to staff to consider drafting an amendment
for a restricted use home occupation for firearm sales which would include the
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criteria that were established for the Home Occupation Permit approved by the ZBA
on April 25, 2012. (Per the Planning and Zoning Commission discussion.)
MANAGER'S RECOMMENDED ACTION:
In accordance with the City Council referral, it is the recommendation of the City
Manager that the City Council approve Alternative #1, thereby approving the Zoning
Code text amendment to add firearm sales to Section 29.1304(1)(c) Prohibited Home
Occupations.
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