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HomeMy WebLinkAboutTOR 1 � . J UN 1 0 2022 TOWN OF RIVERHEAD t I.;�0 PLANNING DEPARTMENT SOUth®!d Town Clerk 201 HOWELL AVENUE,'RIVERHEAD, NEW YOR - """""'" (631) 727-3200,FAX (631) 727-9101 Jefferson V.Murphree,A1CP Greg Bergman Matt Charters Heather Trojanowski Tracy Stewart Torun Building and Planning Planner Planner Site Plan Revictuer• Administrator to the Administrator Est,264 Ext.207 Ext,283 Planning Board& Est,239 Zoning Board Est,240 June 8,2022 PLEASE TAKE NOTICE,that a public hearing will be held before the Town Board of the Town of Riverhead, at 200 Howell Avenue;Riverhead,New York on the 2111 day of June, 2022 at 6:10 p.m. to amend Chapter 301 of the Riverhead Town Code entitled, "ZONING AND LAND DEVELOPMENT". The intent of the proposed amendment is to exercise the Town's municipal zoning authority in establishing regulations for the location/siting of and operation of Firearm Business Uses within the Town of Riverhead. A copy of the entire text of the proposed local law and the provisions of the existing law to be amended may be reviewed at the Office of the Town Clerk, 200 Howell Avenue, Riverhead,New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town of Riverhead website at: www.towilofriverheadny.gov under the-Agenda and Minutes for the June 7,2022 Town Board Meeting. Please sign the duplicate of this letter and return to me at your earliest convenience,either by mail, or electronically at charterslu?to,�ay 0(l'IY(1'h(adll . C11j: Sincerely, Matthew' ..Charters, Planner Eti1: T fSo od Signature,Received By Date Please.print name Title 1iP7gt' Chapter 30 1. Zoning and Land Development ARTICLE LIIC FIREARM BUSINESS USES 301-283.18) A, Purpose. To establish criteria for the establishment of Firearm Business Uses.in the Town that address safety concerns in operations of such businesses, the potential disruption of peace and uiet enjoyment of the community and to ensure that siting of such businesses is consistent with the vision of and goals for pragmatic economic development within the Town while promoting and/or maintaining walkable, family and tourist friendly spaces_and atmospheres. & 301-283.18 provides for separation between Firearm Business Uses and certain uses enumerated herein to maximize protection of public health--safety, and welfare. B. Definitions. Ammunition. Cartridges or cartridge cases, rimers i niter bullets tear gas cartridges, or propellant powder designed for use in any Firearm. Firearm. Any device designed or modified to be used as a weapon capable of firingaa projectile using an explosive charge as a propellant, including but not limited to a gun, pistol,or rifle. Firearm Accessory.Any device designed,modified or adapted to be inserted into or affixed onto any Firearm to enable alter or im rove the functioning or capabilities of the Firearm or to enable the wearing or carrying about one's person of a Firearm. Firearm Business Use. Any of the following uses: 1 Firearm Dealer. A retail or wholesale operation involving the purchase or sale of Firearms Ammunition and/or Firearm Accessories. 2 Firing Range A commercial facility designed for Firearm(s) training and/or shooting Practice.The retail or wholesale sales.of firearms shall not be considered to be a customary accessory use to a_firing range. 3. Gunsmith. Anv retail operation involving the renairinia. altering cleaning, olishin engraving blueing or performing of any mechanical operation on any Firearm. . . C. Applicability. The requirements of this Local Law shall avyly to all Firearm Business Uses gpproyed or modified in Town of Riverhead after the effective date of this Local Law. D Firearm Business Uses not allowed as-of-right. Firearm Business Uses are hereby specifically excluded from the definition of retail sales or services, manufacturing, or any other lawful business ermitted as of right as accessary to a principal use and/or,by special permit as provided in this Chapter. E..Firearin Business Uses allowed by special permit. Use of land buildings or structures for a Firearm Business Use shall be allowed only by special permit in the districts specified in § 301- 283.18(F), subject to the requirements and criteria of this section. F Minimum criteria and limitations on approval. I. Firearm Dealers & Gunsmiths, shall only be allowed within the Business Center (BCS and Shopping Center (SO Zoning Use Districts. 2.Firing Ranges shall only be allowed within the Commercial Residential Campus(CItC), Planned 'Industrial Park (PIP) Industrial C (Ind C), and Industrial B.(Ind BI Zoning Use Districts. 3. Unless expressly permitted pursuant to 301-283.18 F 1 & 2 Firearm Business`Uses shall be prohibited in all Zoning Use Districts. 4.Firearm Business Uses shall not be located within a radius of 150 feet from any Rropegy containing a residential use. 5 Firearm Business Uses shall not be located within 1,000 feet of any private or public K- 12 school. 6 Firearm Business Uses shall not be located within 1,000 feet of any daycare center, preschool child-care facility college or university public park intended for passive or active recreation playg_rciund land or structures used for religious. purposes__ and. observations library, nursing home or an existing Firearm Dealer or Firing Range at another location.. All distances in this Section shall be measured in a straight line from property line of the Firearm Business Use to the nearest property line of any of the. designated uses set forth herein. 7. In appropriate circumstances,the Town Board may grant a special permit fora Firearms Business Use even if the location of the proposed use does not comply with the buffer requirements set forth in § 301-283,18 herein but only upon,a finding that the oroposed location is sufficiently buffered by existing_conditions such that the uses enumerated in subsections 4 5 or 6 hereinabove will not beadversely impacted.by the FireaLm Business' Use. 8 Firearm Business Uses shall obtain and maintain all necessary Federal, State and other required local approvals and licenses as conditions precedent to beginning operations and shall be subject to immediate revocation if any permit issued here under in the vent of suspension, revocations la se or the like of any other required Federal State or Focal approval. 9 Firearm_Business Uses shall at all times comply with all applicable Federal State and local laws and regulations in the operation their business. 10 A special permit granted by the Town Board authorizing the establishment of a Firearm Business Use shall be valid only for the registered entity to which the special permit was issued and only for the lot on which the Firearm Business Use has been authorized by the special permit. 11 No graphics. symbols or images of Firearms, Ammunition or Firearm Accessories shall be displayed or clearly visible from the exterior of Firearm Business Uses.The Town ' Board may impose additional restrictions on signa a to mitigate impact an the immediate neighborhood. 12 No Firearm Business Use shall be located within a building containin a residential use. 13. A Firearm Business shall be located indoors within a fully enclosed building. 14. The hours of operation for a Firearm Business Use shall not adversely impact nearby uses. The hours of operation shall be set by the Town Board as a condition of the Special Permit, but in no case shall any Firearm Business Use be open before 9:00 am-or-remain open after 9:00 p.m. 15. A special.Permit for a Firearm Business Use shall not be granted if such business is owned by or to be managed by any person or persons convicted of any felony crime under the New York State Penal Law and/or misdemeanor crimes involving illegal use,transfer and/or possession of a firearm,the possession and trafficking of drugs,narcotics and other illegal substances or any conviction of crimes analogous thereto prosecuted in any other . state. 16. All Firearm Business Uses shall submit a security plan to the Riverhead Police .Department for review and approval. The plan must include, but not be limited to, the Following:_ a. Proposed provisions for security. b. The physical layout of the interior. c After hours storage of all Firearms in fire-resistant locked containers or by otherwise securing the Firearms with tamper-resistant mechanical locks. d. The number of employees._ 17 All Firearm Business Uses shall submit an operations and management plan'to the Riverhead Police Department for review and gpproval on an annual basis. 18 All Firearm Business Uses shall conduct criminal background checks for all employees in accordance with state law and maintain comprehensive records of such background checks and shall consent to"spot"production of such records by officers of the Riverhead Police Department, 19 No persons under the age of 18 shall have access into or within a Firearms Business Use with the sole exception that minors age 14 and older may access a Firearms Dealer accompanied by an adult. 20 Firearms Dealers shall videotape the point of sale of all firearms transactions and. maintain videos for six months to deter illegal purchases and monitor employees: G. Special permit application and procedure. The procedural and application requirements of Article LVII - Special Permits, shall apply. In addition to the procedural and application requirements of Article LVII - Special Permits, an a lication for special permit for a Firearm Business Use shall include at a minimum the following information: 1 Description of Activities: A narrativerop viding information about the type and scale of all activities that will take place on the proposed site. ? Lighting Analysis: A lighting plan showing the location of proposed lights on the building and the lot and a photometric plan showing the lighting levels. 3_.Context Map:A map,depicting all properties and land.uses within a minimum 1.000 foot radius of the posed lot. The context map shall include the measured distance to all uses described in subsections F (4) (5) and (6)above. 4. Description of Ownership, Management, and Employees: The name and address of the legal owner/s of the establishment. The name and address of all persons having any legal, beneficial, equitable, or security interests in the use. In the event that a corporation, partnership, trust or other entity is listed the name, and address of every person who-is an officer, shareholder, member, manager, or trustee of the entity_must be listed. The name and address of the manager(s) and assistant manager(s). 5. Comprehensive Signage Plan. H. Special Permit Criteria. In granting a special permit for a Firearm Business Use, in addition to finding that the general criteria for issuance of a special permit are met, the Town Board shall find that the following criteria are met: 1. Criteria for all Firearm Business Uses: a. The lot is designed such that it provides convenient, safe and secure access and egress for clients and employees arriving to and leaving from the lot. b. The establishment shall have adequate and safe storage, security, and a lighting system. c Loading, refuse and service areas are desiianed to be secure and shielded from abutting uses. d The establishment is designed to minimize any adverse impacts on abutters and/or adjacent properties or businesses. e. The establishment has satisfied all of the conditions and requirements in this Chapter. 2. Additional Criteria for Firing Ran es: . a The use will not result in adverse impacts environmental, or otherwise due to noise, hazardous materials or air quality. Z Severability.If any portion of this section is ruled invalid such ruling will not affect the validity of the remainder of the section.. * Underline represents addition(s) * Overstrike represents deletion(s)