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Plan Commission Packet 2012 05-09-12 United City of Yorkville '`'` 800 Game Farm Road EST. , _ 1836 Yorkville, Illinois 60560 .4 Telephone: 630-553-4350 0 11[c a. 2p� Fax: 630-553-7575 PLAN COMMISSION AGENDA Wednesday, May 9, 2012 Yorkville City Hall Conference Room 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: April 11, 2012 Citizen's Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2012-03 United City of Yorkville is proposing to amend Title 10, Chapter 8, Article A the M-1 Limited Manufacturing District and Article B the M-2 General Manufacturing District, of the Yorkville Zoning Ordinance to permit as a special use and provide regulations for indoor shooting galleries/ranges; and to also add as a permitted use the manufacturing of firearms and ammunition within those Manufacturing Districts. Old Business New Business 1. PC 2012-03 United City of Yorkville is proposing to amend Title 10, Chapter 8, Article A the M-1 Limited Manufacturing District and Article B the M-2 General Manufacturing District, of the Yorkville Zoning Ordinance to permit as a special use and provide regulations for indoor shooting galleries/ranges; and to also add as a permitted use the manufacturing of firearms and ammunition within those Manufacturing Districts. - Action Item i. Text Amendment 2. Development Applications and Plan Commission Procedures for Findings of Fact. Adjournment DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION City Council Chambers Wednesday,April 11, 2012 7:00pm Commission Members in Attendance: Chairman Tom Lindblom Sandra Adams Jane Winninger Jeff Baker Art Prochaska James Weaver Charles Kraupner Absent: Jack Jones, Michael Crouch Other City Staff City Administrator Bart Olson Alderman Larry Kot Alderman George Gilson Krysti Barksdale-Noble, Community Development Director Chris Funkhouser, Alderman Other Guests— George Frost Ray Wolson Barb Wolson Tom Gilmour Judy Gilmour Paula Gawlik Tom Corredato Sue Corredato Nick Hettinger Art Williams Kathy Theis Steve Theis Lynn Neal Tim Neal Don Hirsch Fred DuSell David Schultz Pam Robinson Sharon Rose Chris Galbraith Mark Johnson Matt Schury,Kendall County Record Angie Phipps, Court Reporter Jillian Duchnowski, Yorkville Patch Meeting Called to Order Chairman Tom Lindblom called the meeting to order at 7pm. Roll Call Roll call was taken and a quorum was established. Previous Meeting Minutes - March 14, 2012 The minutes were approved as presented on a motion by Baker and second by Prochaska. Voice vote approval. 1 Citizen's Comments Joe Phillips of Brandon Road Properties made a statement to become part of the public record. This was in regards to 2 reports included in F01A requests made in January 2012. He said the reports were in the hands of Yorkville City officials and included drainage and traffic studies at the intersection of Pavilion Rd. and Fox Rd. He said this information was available to the City when the Council voted and would have answered many questions at the previous Plan Commission hearing. He said the info was not turned over to his company, making the City in violation of the FOIA's. Public Hearings 1. 2012-01 United City of Yorkville is proposing to amend Title 10, Chapter 13: Planned Unit Development of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which Planned Unit Development(PUD) applications are considered for approval. A motion was made and seconded by Prochaska and Adams, respectively to open the Hearing. Voice vote approval. The hearing opened at 7:07pm and closed at 7:08pm on a motion by Winninger and second by Prochaska. Voice vote approval. There was no discussion or public comment. (See Court Reporter's Transcript) Old Business 1. PC 2012-02 D. Construction Management, Petitioner, on behalf of Brandon Road Properties, LLC, Owner,is requesting authorization within the R-2 One-Family District to temporarily fill low areas and grade portions of a site located at the northeast and southeast corners of Fox Road and Pavilion Road (Evergreen Farm Estates)with uncontaminated soil from roadway projects of the State of Illinois and return to agricultural uses as allowed by Special Use Permit in Section 10-6C-2 and Section 10-6B-2 of the United City of Yorkville City Code. Chairman Lindblom said there are 6 standards to determine if criteria are met in order to recommend Special Use to the Council. He also noted the vote 0-5 against the motion at the March Plan Commission meeting. The City Council will make the final decision. Chairman Lindblom said each point would be read and then discussed. Standards are paraphrased as follows: 1. Establishment of Special Use will not be unreasonably detrimental to the public health, safety etc. Commissioner Prochaska said he was concerned about the task at hand. At the last meeting, it was determined it was permissible as a Special Use,however, not permissible for that zoning. He said he was quoted in the minutes just approved, that there was not enough information to approve. He said the Commission's decision was based on the information they had at the time. The grading plan information was also not available at 2 the time. Baker stated it would not be detrimental to the general welfare, however, Prochaska said it could not be determined if this would or wouldn't be an issue with the information on that night. Mr. Baker countered that the State has very strict policies concerning water runoff. Mr. Prochaska said if the Special Use was approved as part of a development, the petitioner would need a preliminary plat with detention provisions. Because this is a special use, there is no plat required. It was suggested the reports Mr. Phillips referred to should be given to the City Council. The rest of the Commissioners said they did not know if the special use would be detrimental, based on the information at the last meeting. 2. Special use will not be injurious to use of other property, nor substantially diminish property values.... Due to the lack of information on the storage method of the dirt, the Commissioners agreed the dirt could be injurious. 3. Establishment of the special use will not impede normal development and improvement of surrounding property... The Commissioners said they did not feel this would be an issue. 4. Adequate utilities, access roads, drainage or other facilities being provided... All agreed there was no documentation for this. 5. Adequate measures taken to provide ingress/egress to minimize traffic congestion... Commissioner Weaver said this would be affected by the County who would issue the permits. A staff recommendation was made to align the entrances of the northern and southern parcels off Fox. Chairman Lindblom said there could be an effect on traffic congestion. 6. Special use shall conform to the applicable regulations of the district except as any regulations being modified by the City recommended by the Plan Commission.... None of the Commissioners were aware of any issues. New Business (Description same as #1 under Public Hearings) Ms. Barksdale-Noble said staff has been working with the Zoning Commission to update the zoning code. The PUD ordinance was also considered and research was done on State codes. In order to encourage development, more info will be provided upfront to spur construction. The entire ordinance and code were modified. It was suggested to have Plan Commission and Park Board meet in joint meetings, however,the Park Board was concerned they would not have a vote. 3 Ms. Barksdale-Noble presented a chart showing the proposed steps for a review process for building: 1. Application 2. Concept PUD or preliminary/final PUD plat 3. Go before City Council for feedback Action Item i. Text Amendment Motion: A motion was then made by Adams and seconded by Kraupner to approve this amendment. Discussion: Mr. Prochaska said a mixed use might be better and an overlay district was suggested by Ms. Barksdale-Noble. Roll call: Adams-yes, Winninger-yes, Baker-yes, Prochaska-yes, Weaver-yes, Kraupner- yes, Lindblom-yes. Passed 7-0. Additional Business Ms. Barksdale-Noble said that Evergreen Farms will be on the agenda at the next City Council meeting on April 24. Adjournment Prochaska moved and Kraupner seconded a motion to adjourn the meeting. Voice vote approval and the meeting was adjourned at 7:33pm. Respectfully submitted by Marlys Young, Minute Taker 4 Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director EST. -� _`� tess CC: Bart Olson, City Administrator .� Date: May 3, 2012 Subject: Text Amendment to the M-1 & M-2 Manufacturing Districts to °. indentify Indoor Shooting Gallery/Range as a Special Use and allow <LE 'yv as a permitted use the Manufacturing of Firearms and Ammunition. Special Use for Indoor Shooting Gallery/Ranee Request: As proposed, the operation of an indoor shooting gallery/gun range would be allowed as a special use within both the M-1 Limited Manufacturing and M-2 General Manufacturing Districts. This would include the indoor practicing of target shooting open to the public within an enclosed building and offer ancillary retail sales of firearms and associated products. Currently, indoor shooting galleries are not permitted within any district of the City; however, the sale of firearms is permissible within sporting goods stores and pawn shops. The zoning ordinance would be amended to define an "indoor shooting gallery/gun range" as follows: Shooting Gallery/Gun Range, Indoor: an enclosed facility, public or private, specifically for the purpose of providing a place in which to discharge various types of firearms, shoot air guns and/or archery equipment at designated targets and designed to contain all projectiles fired within the confines of the building. Auxiliary training and instructional classroom facilities may also be provided, as well as ancillary retail sales of firearms, ammunition and associated products upon proof of applicable local, state and federal licensure.1 The M-1 and M-2 Manufacturing districts in the city's zoning ordinance are intended to regulate the production, processing, cleaning, servicing, testing or repair of products, as well as the storage of materials, goods or products which conforms to the performance standards established for the districts. Although an indoor shooting gallery/gun range may broadly fall under the "testing of products" use, identifying and defining it as a special use in the manufacturing districts allows the city more discretion on a case-by-case basis of where each facility will be located and operated. Zoning/Land Use The bulk requirements for the M-1 and M-2 Manufacturing Districts are as follows: Yard Areas Lot Coverage Floor Area Ratio Front: Min. 25 ft. M-1 Limited Manufacturing Side: Min. 10% of lot Max. 60%of the lot area Max. 0.8 District width/Max. 20 ft. Front: Min. 25 ft. M-2 General Manufacturing o Max. 0.85 District Side: Min. 10% of lot Max. 60%of the lot area width/Max.20 ft. Currently, there are nearly 100 parcels within the M-1 and M-2 zoning districts within the City of Yorkville, a majority of which are located in the Fox Industrial Park and the Yorkville Business 1 Definition derived,in part,from the National Rifle Association(NRA) The Range Source Book—A Guide to Planning and Construction and the U.S.Department of Justice Bureau of Alcohol,Tobacco,Firearms and Explosives(ATF)Federal Firearms Regulations Reference Guide 2005. 2 However, where lots within the same block and comprising 40% of frontage on the same street are already developed with an average depth of less than 25 feet,then such average depth shall be the required front yard depth for such frontage in said block(Section 10-8A-4 of the Yorkville Zoning Ordinance). Center. The attached map illustrates the M-1 and M-2 districts within the City that may be affected by the proposed text amendment. Aside from the required yard setbacks, there are no provisions within the zoning code regulating the minimum distance between an enclosed building in a manufacturing district and a residentially zoned property. Therefore, staff is also proposing to establish a minimum building setback of fifty (50) feet from any property line for indoor shoot gallery/gun range facilities which abuts a residentially zoned property. This restriction with regards to proximity of adjacent homes will provide an appropriate buffer between the differing land uses and address any perceived noise and safety(i.e. projectiles penetrating walls) concerns. Facility Design Considerations According to the National Rifle Association (NRA), a typical indoor shooting gallery is designed with four (4) main construction considerations: shooter needs, type of shooting activity to be conducted, number of firing points and the number of users anticipated. Building design industry standards estimate an indoor firing range consisting of eight (8) firing lanes will utilize approximately 6,000 square feet of tenant space. The following diagrams are representative of typical tenant plans for an indoor gun range.3 Lead Dust Ewawaton Anr Plenum Wall Target System System F,o a Lanes 4 'as CL d. s=rw,n Firing Range, pace Type ,0-0 20, - 40-0 Leas!I}tr911 tY �w aell� tie eer11 cyst" To meet, 7.4 e TargeC SyS.i�m° i '9-0' Gontral Firing Lanes • �' Air Plenum VM1 ShWwlg$oTashs gutie!Trap Firing Range Section Parking Regulations Off-street parking requirements should also be considered for indoor shooting gallery/gun range facilities, as they are a unique user category and may not be adequately addressed in Section 10-11-4 Schedule of Parking Requirements in the City's Zoning Ordinance. According to staff research and the American Planning Association (APA) Planning Advisory Service 2002 Parking Standards manual, an indoor shooting range should have a minimum of one (1) parking space per firing lane and one (1) space per staff member. These parking standards are in addition to any required parking for auxiliary training classrooms and ancillary retail area. 3Source:Whole Building Design Guide(WBDG)a program of the National Institute of Building Sciences www.wbdg.or /g desi firingtrange.php. Based upon the APA's recommendation and discussions with other area planners regarding the popularity of such uses, staff recommends a minimum of two (2) parking spaces per firing lane; one (1) parking space per staff member; eight (8) parking spaces for each instructional classroom, if any; plus all other parking requirements for any associated office and/or retail use within or on the premises of an indoor shooting gallery/gun range. Other Departmental/Agency Considerations Police The proposed text amendment is not contradictory to Section 5-3-6: Weapons; Air Rifles under Police Regulations of the City Code which states "[n]o person shall fire or discharge any gun, pistol or other firearm within the limits of the city except upon the premises used by a duly a licensed shooting gallery, a gun club or a rifle club, or upon prior application to the chief of police on the city and prior written approval by the said chief of police; and provided further, that the provisions of this section shall not apply to the discharge of firearms by police or other officers in the discharge of their duties." Building Any proposed shooting gallery/gun range will need to meet the current building code standards adopted by the city. The 2009 International Building Code (IBC) would classify this type of use as a Storage Group S and an incidental use in the Assembly (A), Business (B), Educational (E), Industrial (1), Manufacturing (M) or Residential (R) occupancy groups requiring fire sprinklers and separation from other occupancies by a minimum 2-hour fire wall (partition). Particular consideration will be given to the following operational systems: (1) ventilation — indoor ranges may contain elevated levels of airborne lead which can be a potential threat to the health of those working in or patronizing the facility. Specific guidelines for supply and exhaust systems for indoor ranges are provided for in the 2009 IBC; (2) construction—specific materials are required in the construction of side walls, baffles, bullet traps, overhead containment and other areas where a projectile can impact or ricochet in an indoor shooting range; (3) noise —recommended maximum noise levels permitted for an indoor shooting range is 85 decibels to ensure the ability for communication between the shooters and range officials, as well as mitigate excessive noise to surrounding properties; and finally (4) lighting — special energy efficient fluorescent light fixtures are required to be used in indoor shooting ranges to create ambient and targeted lighting, minimizing glare on wall surfaces. Fire District The Bristol Kendall Fire District will enforce the city's adopted 2009 International Fire Code (IFC) when reviewing plans and inspecting any proposed indoor shooting gallery/gun range facilities, should the text amendment be approved. As mentioned previously, all such uses will be required to be fire sprinkled and provide a fire detection device. Manufacturing of Firearms &Ammunition in M-1 &M-2 Districts: For the purposes of allowing the transport, shipping and receiving firearms and ammunition as well as the repairing, making or fitting special barrels, stocks or trigger mechanisms to firearms within the manufacturing districts, staff proposes to amend the City's zoning ordinance to define and identify "manufacturing of firearms and ammunition" as a permitted use with the M-1 Limited Manufacturing and M-2 General Manufacturing Districts. The following proposed new definition would also be added in the zoning ordinance: Manufacturer, Firearms and Ammunition: Any person or entity engaged in (A) the business of transporting, shipping and receiving firearms and ammunition for the purpose of sale or distribution (B) selling firearms at wholesale or retail, (C) repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms and operating under the provisions of the applicable local, state and federal licenses.¢ As with any manufacturer of firearms and/or ammunition, a federal license issued by the U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is required. A copy of application information for Federal Firearms License (FFL)has been attached for your reference. Finally, since it is envisioned that sale of firearms and ammunition will be ancillary to the indoor shooting gallery/gun range use, staff proposes that the retail component of the facility be no more than twenty-five percent (25%) of the total floor area. This will ensure that the majority of the space is used for manufacturing purposes and not merely as a gun shop. Other Communities: Staff has queried local communities to determine if and how shooting galleries/gun ranges or similar type uses are permitted and regulated within their respective zoning ordinances. The following table provides information about how each surveyed community identifies shooting galleries and/or gun ranges, how they are classified, and the zoning district which they are allowed. This should serve as a guide for the Plan Commission as to how Yorkville's proposed text amendment to allow indoor shooting galleries/gun ranges in the manufacturing districts might compare to nearby communities. Community Identified Use(s) Permitted or Zoning District(s)Allowed Special Use Indoor Target Practice Special Use A-1,B-Districts,M-1,M-2 Kendall County Outdoor Target Practice Special Use M-1,M-2 Outdoor Commercial Sporting Activities Special Use A-1 North Aurora Unspecified Uses Special Use I-2 Montgomery Indoor Gun Range Special Use M-1 Manufacturing of Ammunition Permitted M-1,M-2 Practice Pistol&Rifle Ranges, Skeet or Sugar Grove Trap Shooting Special Use A-1 Gun Assembly Permitted Use M-1 Oswego Recreational/Training Use Special Use B-2,B-3,M-1, M-2 Production of Firearms and Equipment Permitted Use M-1 Staff Recommendation Summary: 1. Amend Title 10-8A-3 to identify"indoor shooting gallery/gun range" as a special use within the M-1 Limited Manufacturing District and Title 10-8B-3 of the M-2 General Manufacturing District. 2. Amend Title 10-2-3 of the Zoning Ordinance to include the following definition: Shooting Gallery/Gun Range, Indoor: an enclosed facility, public or private, specifically for the purpose of providing a place in which to discharge various types of firearms, shoot air guns and/or archery equipment at designated targets and designed to contain all projectiles fired within the confines of the building. Auxiliary training and instructional classroom facilities may 4 Definition derived,in part,from Section 478.41 (B)of the United States Gun Control Act. htt2://www.atf.aov/publications/download/T/atf-p-5300-4.pdf also be provided, as well as ancillary retail sales of firearms, ammunition and associated products upon proof of applicable local, state and federal licensure. 3. Require a minimum building setback of fifty (50) feet from any property line for indoor shoot gallery/gun range facilities which abuts a residentially zoned property. 4. Require a minimum of two (2) parking spaces per firing lane; one (1) parking space per staff member; eight (8) parking spaces for each instructional classroom, if any; plus all other parking requirements for any associated office and/or retail use within or on the premises of an indoor shooting gallery/gun range. 5. Amend Titles 10-8A-1 and 10-8B-1 to identify "manufacturing of firearms and ammunition" as a permitted use within the M-1 Limited Manufacturing and M-2 General Manufacturing Districts. 6. Amend Title 10-2-3 of the Zoning Ordinance to include the following definitions: Manufacturer,Firearms and Ammunition:Any person or entity engaged in (A) the business of transporting, shipping and receiving firearms and ammunition for the purpose of sale or distribution (B) selling firearms at wholesale or retail, (C) repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms and operating under the provisions of the applicable local, state and federal licenses. 7. Require that retail operations be ancillary to an indoor shooting gallery/gun range facility with no more than twenty-five percent(25%) of the total floor area. Staff will be available to answer any questions the Plan Commission may have regarding the proposed text amendment. Should the Plan Commission decide to recommend approval of the proposed text amendment, draft motion language has been prepared below for your convenience. Proposed Motion: In consideration of testimony presented during a Public Hearing on May 9, 2012 and approval of the amended findings of fact, the Plan Commission recommends approval to the City Council of a request for text amendment to Title 10, Chapter 8, Article A M-1 Limited Manufacturing District and Article B M-2 General Manufacturing District of the United City of Yorkville's City Code, as presented by staff in a memorandum dated May 3, 2012, and further subject to {insert any additional conditions of the Plan Commission]... Attachments: 1. Current Title 10, Chapter 8,Article A. M-1 Limited Manufacturing District of the United City of Yorkville's Municipal Zoning Ordinance. 2. Current Title 10, Chapter 8,Article B. M-2 General Manufacturing District of the United City of Yorkville's Municipal Zoning Ordinance. 3. M-1 and M-2 Zoning District Maps. 4. Federal Firearms License(FFL)application information (U.S. Department of Justice Bureau of Alcohol, Tobacco,Firearms and Explosives). 5. Copy of Public Notice. Sterling Codifiers, Inc. Page 1 of 8 ARTICLE A. M-1 LIMITED MANUFACTURING DISTRICT 10-8A-1 : USES PERMITTED: The following uses are permitted: A. Production, processing, cleaning, testing or repair, limited to the following uses and products: Advertising displays. Apparel and other products manufactured from textiles. Art needlework and handweaving. Automobile painting, upholstering, repairing, reconditioning and body and fender repairing, when done within the confines of a structure. Awnings, venetian blinds. Bakeries. Beverages - alcoholic, with a total amount produced by any one manufacturer limited to a maximum of fifteen thousand (15,000) barrels (465,000 gallons) per calendar year. Beverages - nonalcoholic. Books - hand binding and tooling. Bottling works. Brushes and brooms. Cameras and other photographic equipment and supplies. Canning and preserving. Canvas and canvas products. Carpet and rug cleaning. Ceramic products - such as pottery and small glazed tile. http://www.sterlingcodifiers.com/codebook/printnow.php 10/11/2011 Sterling Codifiers, Inc. Page 2 of 8 Cleaning and dyeing establishments when employing facilities for handling more than one thousand five hundred (1,500) pounds of dry goods per day. Clothing. Contractor offices (with or without indoor storage). Cosmetics and toiletries. Creameries and dairies. Dentures. Drugs. Electrical appliances, such as lighting fixtures, irons, fans, toasters and electric toys. Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery. Electrical supplies, manufacturing and assembly of such wire and cable assembly switches, lamps, insulation and dry cell batteries. Food products, processing and combining of (except meat and fish) - baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing. Fur goods, not including tanning and dyeing. Glass products from previously manufactured glass. Hair, felt and feather products (except washing, curing and dyeing). Hat bodies of fur and wool felt. Heavy machinery and equipment rental business. Hosiery. House trailers, manufacture. Ice, natural. Ink mixing and packaging and inked ribbons. Jewelry. Laboratories - medical, dental, research, experimental, and testing - provided there is no danger from fire or explosion nor offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences. Laundries. http://www.sterlingcodifiers.com/codebook/printnow.php 10/11/2011 Sterling Codifiers, Inc. Page 3 of 8 Leather products, including shoes and machine belting, but not including tanning and dyeing. Luggage. Machine shops for tool, die and pattern making. Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment. Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils. Musical instruments. Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers. Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing. Perfumes and cosmetics. Pharmaceutical products. Plastic products, but not including the manufacturing of the raw materials. Precision instruments such as optical, medical and drafting. Printing and newspaper publishing, including engraving, photoengraving. Products from finished materials: plastic, bone, cork, feathers, felt, fiber, copper, fur, glass, hair, horn, leather, precious and semiprecious stones, rubber, shell or yarn. Public utility electric substations and distribution centers, gas regulations centers and underground gasholder stations. Repair of household or office machinery or equipment. Rubber products, small, and synthetic treated fabrics (excluding all rubber and synthetic processing), such as washers, gloves, footwear, bathing caps and atomizers. Signs, as regulated by title 8, chapter 11 of this code. Silverware, plate and sterling. Soap and detergents, packaging only. Soldering and welding. http://www.sterlingcodifiers.com/codebook/printnow.php 10/11/2011 Sterling Codifiers, Inc. Page 4 of 8 Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods. Statuary, mannequins, figurines and religious and church art goods, excluding foundry operations. Storage and sale of trailers, farm implements and other similar equipment on an open lot. Storage of flammable liquids, fats or oil in tanks each of fifteen thousand (15,000) gallons or less capacity, but only after the locations and protective measures have been approved by local governing officials. Storage of household goods. Textiles - spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread and cordage, but not including textile bleaching. Tool and die shops. Tools and hardware, such as bolts, nuts and screws, doorknobs, drills, handtools and cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances. Toys. Truck, truck tractor, truck trailer, car trailer or bus storage yard, when all equipment is in operable condition, but not including a truck or motor freight terminal, which are treated under section 10-8-1 of this chapter. Umbrellas. Upholstering (bulk), including mattress manufacturing, rebuilding and renovating. Vehicles, children's; such as bicycles, scooters, wagons and baby carriages. Watches. Wood products, such as furniture, boxes, crates, baskets and pencils and cooperage works. Any other manufacturing establishment that can be operated in compliance with the performance standards of section 10-8-1 of this chapter without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor; and that is a use compatible with the use and occupancy of adjoining properties. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2003-10, 1 -14-2003; Ord. 2003-11, 1-14-2003; Ord. 2006-31, 4-11-2006; Ord. 2010-37, 7-13-2010) B. Wholesaling and warehousing: Local cartage express facilities (but not including motor freight terminals). http://www.sterlingcodifiers.com/codebook/printnow.php 10/11/2011 Sterling Codifiers, Inc. Page 5 of 8 C. Public and community service uses as follows: Bus terminals, bus garages, bus lots, street railway terminals or streetcar houses. Electric substations. Fire stations. Municipal or privately owned recreation buildings or community centers. Parks and recreation areas. Police stations. Sewage treatment plants. Telephone exchanges. Water filtration plants. Water pumping stations. Water reservoirs. D. Residential uses as follows: Dwelling units for watchmen and their families when located on the premises where they are employed in such capacity. E. Miscellaneous uses as follows: Accessory uses. Radio and television towers. Temporary buildings for construction purposes for a period not to exceed the duration of such construction. F. Off street parking and loading as permitted or required in chapter 11 of this title. (Ord. 1973-56A, 3-28-1974) http://www.sterlingcodifiers.com/codebook/printnow.php 10/11/2011 Sterling Codifiers, Inc. Page 6 of 8 10-8A-2: CONDITIONS OF PERMITTED USES: All permitted uses are subject to the following conditions: A. Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in section 10-8-1 of this chapter. B. All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified. Within one hundred fifty feet (150') of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet (8') high, but in no case lower in height than the enclosed storage and suitably landscaped. However, open off street loading facilities and open off street parking of motor vehicles under one and one-half (11/2) tons' capacity may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required under the provisions of chapter 11 of this title. C. Uses established on the effective date hereof and by its provisions are rendered nonconforming, shall be permitted to continue subject to the regulations of chapter 10 of this title. D. Uses established after the effective date hereof shall conform fully to the performance standards set forth in section 10-8-1 of this chapter. (Ord. 1956-A, 3-28-1974) 10-8A-3: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of section 10-14-6 of this title: Any use which may be allowed as a special use in the B-3 business district. Any use permitted in the M-2 general manufacturing district. Airport or aircraft landing fields. http://www.sterlingcodifiers.com/codebook/printnow.php 10/11/2011 Sterling Codifiers, Inc. Page 7 of 8 Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature, ready mix batch plants, and asphalt manufacturing plants. Contractor facilities that include outdoor storage. Meat products. Miniwarehouse storage (see limitation under section 10-8A-7 of this article). Motor freight terminals. Planned developments, industrial. Sanitary landfill. Stadiums, auditoriums and arenas. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2003 -10, 1-14-2003; Ord. 2005-58, 7-12-2005; Ord. 2006-31, 4-11-2006) 10-8A-4: YARD AREAS: No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such building: A. Front Yard: On every zoning lot, a front yard of not less than twenty five feet (25') in depth shall be provided. However, where lots within the same block and comprising forty percent (40%) of the frontage on the same street are already developed on the effective date hereof with front yards with an average depth of less than twenty five feet (25), then such average depth shall be the required front yard depth for such frontage in said block. B. Side Yards: On every zoning lot, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent (10%) of the lot width, but need not exceed twenty feet (20') in width. (Ord. 1973-56A, 3-28-1974) 10-8A-5: LOT COVERAGE: Not more than sixty percent (60%) of the area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) http://www.sterlingcodifiers.com/codebook/printnow.php 10/11/2011 Sterling Codifiers, Inc. Page 8 of 8 10-8A-6: FLOOR AREA RATIO: Not more than 0.8. (Ord. 1973-56A, 3-28-1974) 10-8A-7: MINIWAREHOUSE STORAGE: Whenever a special use is granted for miniwarehouse storage under this M-1 zoning district or any other permitted zoning district, the following restrictions shall apply: A. If the facility is within one hundred fifty feet (150') of a residential district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky, but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet (8') high, but in no case lower in height than the enclosed storage buildings and suitably landscaped consistent with the city's landscape ordinance. B. A minimum of three (3) parking spaces shall be provided. C. There shall be a minimum of twenty feet (20') between buildings. (Ord. 2005-58, 7-12- 2005) http://www.sterlingcodifiers.com/codebook/printnow.php 10/11/2011 Sterling Codifiers, Inc. Page 1 of 2 ARTICLE B. M-2 GENERAL MANUFACTURING DISTRICT 10-813-1 : USES PERMITTED: The following uses are permitted: Any use permitted in the M-1 district. Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conforms to the performance standards established for this district'. Cement block manufacture. Contractor or construction such as: building, cement, electrical, refrigeration, masonry building, plumbing, roofing, air conditioning, heating and ventilating, fuel oil, with a storage of fuel oils, gas and other flammable products limited to twelve thousand (12,000) gallons per tank, with a total storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord. 1973-56A, 3-28-1974) 10-813-2: CONDITIONS OF PERMITTED USES: All permitted uses are subject to the following conditions: A. All production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in section 10-8-1 of this chapter. B. Within one hundred fifty feet (150') of a residence district, all business, production, servicing, processing and storage shall take place or be within completely enclosed buildings; except, that storage of materials or products may be open to the sky provided the storage area is enclosed with a solid wall or fence, as required by the zoning administrator. However, within such one hundred fifty feet (150') of a residence district, off street loading facilities and off street parking of motor vehicles under one and one-half (02) tons' capacity may be unenclosed, except for such screening of parking and loading facilities as may be required under the provisions of chapter 11 of this title. (Ord. 1973- 56A, 3-28-1974) http://www.sterlingcodifiers.com/codebook/printnow.php 11/9/2011 Sterling Codifiers, Inc. Page 2 of 2 10-813-3: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of section 10-14-6 of this title: Any use which may be allowed as a special use in the M-1 district. Aggregate materials extraction, processing and site reclamation in accordance with article C of this chapter. Railroad repair shops, maintenance buildings and switching yards. (Ord. 2009-24, 4-28- 2009) 10-813-4: YARD AREAS: All yard areas shall be the same as required in the M-1 limited manufacturing district. (Ord. 1973-56A, 3-28-1974) 10-813-5: LOT COVERAGE: Not more than sixty percent (60%) of the area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-813-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973-56A, 3-28-1974) 10-813-7: SIGNS: The use of signs in this district shall be subject to the same regulations as set forth in title 8, chapter 11 of this code. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) http://www.sterlingcodifiers.com/codebook/printnow.php 11/9/2011 I N Legend i WZ6 E Zoning i I Code Yo kville Business -------- S j F-1-Floodplain District S .J Center A-1-Agricultural District E-1-Estate Residence District `- R-1-One Familiy Residence District u R-2-One Family Residence District ' " ' . i•' R-2D-Duplex Two Family District I.._ -_--._, .I ,�.•��� R-3-General Residence District F R-4-General Residence District PUD-Planned Unit Development O-Office District B-1-Limited Business District 10 . B-2-General Business District i-' °—"--•1 \ 9MB-3-Service Business District -B-4-Business District L..N ®M-1-Limited Manufacturing District _M-2-General Manufacturing District L I � I � � i 34 47 I � I 0 ' • � / 11, .l 24 I 1 j Fox Industrial i � -~ Park 126 I 71 mac. i 1 �N f----------------------- 71 '\ i I I 47 i i•� M-1 & M-2 The Data is provided without warranty or any representation of 0 1,250 2,500 5,000 accuracy,timeliness,or completeness.It is the responsibility of the Limited/General Manufacturing Districts "appropiatenesofit use.curacy,tdCiness,cokville makes no appropriateness of its use.The United City of Yorkville makes no Feet warranties,expressed or implied,to the use of the Data. May 201 0 -Map produced by United City of Yorkville GIS U.S.Department of Justice Bureau of Alcohol,Tobacco, AT F Federal Firearms Licensee Quick Reference and Best Practices Guide \ a d � \ w X ` The Importance of Compliance with Federal Firearms Laws • Regulations Every day,ATF's Industry Operations Investigators Ten Violations Having an Impact on (IOls) assist FFLs and help them understand and Public Safety follow the rules for conducting a firearms business. 1. Failure to Obtain a Form 4473—Firearms Whether it is with the proper procedures for Transaction Record When Required. recordkeeping or the laws for transferring a firearm, 2. Failure to Obtain a Complete and Correct IOIs ensure that FFLs comply with the laws and Form 4473. regulations. 3. Failure to Conduct a Background Check IOIs inspect your business to ensure compliance When Required. with the Federal law and regulations. It is vital 4. Sale or Transfer of a Firearm to Prohibited that you comply with all laws and regulations, Person. both to maintain your license and protect your community from violent crime. We encourage you 5. Improper Sale to allon-Resident. to contact ATF if you have any questions about your 6. Failure to Obtain Appropriate Identification responsibilities as an FFL. Documents. To learn more about the laws and regulations, 7. Failure to Record Complete and Accurate safety and security recommendations, and training Acquisition and Disposition Information. opportunities, we encourage you to read the 8. Failure to Report the Sale of Multiple following publications found at www.atf.gov: Handguns. 9 Federal Firearms Regulations Reference Guide, . Failure to Report Lost or Stolen Firearms. ATF Publication 5300.4 10. Providing False Information. Safety and Security Information for Federal Firearms Licensees,ATF Publication 3317.2 Don't Lie for the Other Guy Publications Having conducted thousands of inspections over the years,ATF has compiled a list of the more common issues encountered by licensees. 1 Your License If your mailing address changes: Because all ATF For the purposes of this publication, a Federal firearms correspondence is mailed to the mailing address on your licensee is referred to as `you,' `a licensee,' and an license, any changes require you to notify the Chief, `FFL.' You should examine your license carefully to FFLC, as soon as possible by sending a letter advising of make sure all of the information is correct. If you find an the new mailing address to: error,return the license to the Chief, Federal Firearms 244 Needy Road Licensing Center(FFLC), for correction. Martinsburg,WV 25405. You must keep your license posted and readily available If You Intend to Change Your Business for inspection by any ATF officer. Use a certified copy Structure of your license (make a copy of the unsigned original and Because a license is not transferable, a successor buying, sign it)to make firearms purchases. Mailed, faxed, or leasing, or otherwise acquiring the firearms operations of scanned copies of certified copies are acceptable. an FFL must obtain a new license. For example, if a sole proprietor forms a Limited Liability Corporation(LLC), Expiration and Renewal of Your License the LLC must obtain a new license. The LLC cannot Your Federal firearms license is in effect until the operate using the sole proprietor's license. expiration date on the license,unless terminated sooner. It covers business operations only at the location on the If there is a change of control of a FFL by stock purchase license or at a qualifying n show or event in the State or otherwise,the licensee must notify ATF in writing q g within 30 days of the change.Upon renewal,the where you are licensed. corporation must file a new Application for Firearms ATF will send a renewal application to you about License (ATF F 5310.12,ATF Form 7)and provide 60 days before the expiration date on your license. If information on all new responsible persons. you have not received your renewal application 30 days before the license expiration date,please contact the FFLs may report new responsible persons by filing a FFLC toll-free at 1-866-662-2750. You should also call letter with the Chief,FFLC. The letter must provide all if you no longer wish to be licensed. of the identifying information for the new responsible person(s)as required on ATF Form 7. The letter must To renew,you must complete and send the application, be accompanied by a current picture of the responsible with the required fee attached,to the address specified person and fingerprints submitted on an FBI Fingerprint on the form before the license expiration date. If you file Card(FD-258). your renewal before the license expiration date,you may continue to operate until you receive your new license. ATF Forms 4473 If the new license does not arrive by your expiration You must obtain a completed Firearms Transaction date,ATF will issue a Letter of Continuing Authority to Record(Form 4473)for each and every sale or Operate (LOA)to establish proof of your licensed status other transfer of a firearm to a non-licensee. It is to other FFLs. your responsibility to ensure that each Form 4473 is Changing Your Mailing Address or the completed correctly in accordance with the instructions on the form. The correct completion of these forms Address of Your Premises enhances traceability of firearms. If you intend to change the location of your business premises:Notify the Chief,FFLC, at least 30 days Correctly completing ATF Forms 4473 is one of the most before moving your business to a new address by important things you can do to ensure that ATF can trace filing ATF Form 5300.38-Application for an Amended crime guns. Federal Firearms License. Your original license must be This form must be completed when you: submitted for changes to reflect the new address. 1. sell or trade a firearm; You may not operate as an FFL at a new address until 2. return a consignment firearm; you have received the amended license from ATF. 3. return a pawned firearm; 4. loan or rent a firearm for use off of your licensed premises; or 2 5. otherwise transfer a firearm to a non-licensed person. representative must make any changes or corrections to Note: You must transfer the firearm to the person who Sections B and D of the photocopy. Do NOT make the completed the Form 4473 and NOT to a spouse,relative, changes on the original Form 4473.Attach the corrected or other representative of that person. photocopy to the original Form 4473 and retain as part of your records. Exceptions to the ATF Form 4473 Requirement: You are not required to obtain a Form 4473 for the ATF suggests that you consider implementing a following sales and other transfers: secondary review procedure in which another employee reviews Forms 4473 for errors and omissions prior to 1. Transfer of a firearm to another FFL(including transferring a firearm. collectors when transferring a Curio &Relic firearm); Background Checks 2. The return of a repaired firearm to the person from You must conduct a National Instant Criminal whom it was received; Background Check System(NICS)check or appropriate 3. The sale of a firearm to a law enforcement agency State background check for each and every sale or other or to a law enforcement officer for official duties transfer of a firearm to a non-licensee. The NICS or State if the transaction meets the requirements of 27 CFR background check ensures that any person who purchases §478.134,discussed on pages 7 and 8; or a firearm from you may lawfully possess firearms.A 4. Transfer of a replacement firearm of the same NICS or State background check MUST be conducted kind and type to the person from whom a firearm was before: received. 1. The sale or trade of a firearm; Transferee's Sections of Form 4473: 2. The return of a consigned firearm; It is YOUR responsibility to make sure that the buyer 3. The redemption of a pawned firearm; or other transferee provides ALL information required in Section A(Items 1 to 17), and Section C (Items 24 4. The loan or rental of a firearm for use off of your and 25),if applicable, of the Form 4473 BEFORE you licensed premises; or transfer the firearm. The buyer must personally complete 5. Any other non-exempt transfer of a firearm. Sections A and C. Failure to conduct a background check has a significant Licensee's Sections of Form 4473: impact on public safety.You could be fined,have your You must fully and correctly provide ALL information license suspended or revoked, or be prosecuted. required in Section B (Items 18 to 23) and Section D Note: You may only deliver the firearm to the person (Items 26 to 36)of the Form 4473. This information on whom the NICS or State background check was must be recorded on the Form 4473 and not merely be conducted and NOT a spouse,relative, or other contained in attached or other available documents. representative of that person. If information required on the Form 4473 is also Exceptions to the Background Check contained on a State firearms transfer document or other Requirement: record,you must still enter the information on the Form You are NOT required to conduct a NICS or State 4473, even if that means entering the same information background check with respect to the following: on two or more forms. However,you may attach photocopies of additional documentation provided by 1. The sale or transfer of a firearm where the transferee legal aliens rather than record the type of documentation presents a valid State permit/license from the State in response to Items 20b and 20c. in which your licensed premises is located AND the State permit or license is recognized by ATF as a Errors and Omissions on the Form 4473: qualifying alternative to the background check If, after the firearm has been transferred,you discover requirement; that the Form 4473 is incomplete or was improperly 2. The transfer of a firearm to another FFL(including completed, do not alter the original. Instead,you should collectors when transferring a Curio&Relic firearm); make a photocopy of the inaccurate Form 4473. Only the buyer or transferee may make changes or corrections to 3. The return of a repaired firearm to the person from Sections A and C of the photocopy.You or an authorized whom it was received; 3 4. The sale of a firearm to a law enforcement agency 3. Person Convicted of a Crime Punishable by or a law enforcement officer for official duties if the Imprisonment for a Term Exceeding 1 Year: transaction meets the specific requirements of This prohibited person category includes any 27 CFR§478.134(discussed on page 13); person who has been convicted of a felony or other 5. The transfer of a replacement firearm of the same crime for which the person could have been sen- kind and type to the person from whom a firearm was tenced to imprisonment for a term exceeding received; 1 year—EVEN if the court actually placed the person on probation or sentenced the person to a 6. The transfer of a firearm that is subject to the term of imprisonment for 1 year or less. National Firearms Act if the transfer was pre-approved in writing by ATE 4. Fugitive from Justice: A fugitive from justice is a person who has fled from any State to avoid prose- Prohibited Transfers cution for a crime (felony or misdemeanor) or to You MAY NOT sell or transfer a firearm or ammunition avoid giving testimony in any criminal proceeding. to any person you know or have reasonable cause to 5. Unlawful Drug User or Drug Addict: This believe is prohibited from possessing or receiving a prohibited person category includes any person firearm. Do not sell or otherwise transfer a firearm and who unlawfully uses—or is addicted to—marijuana, do not contact NICS if you have reason to believe that depressants, stimulants,narcotic drugs, or other a person seeking to obtain a firearm is prohibited from controlled substances.Alcohol is NOT considered a receiving or possessing a firearm. controlled substance. Note: If a person answers"No"to Item l La or 12 of 6. Adjudicated Mental Defective or Person Form 4473, or answers"Yes"to one or more questions Involuntarily Committed to a Mental Institution: in Items l Lb through 11.1 of Form 4473,that person has This prohibited person category includes any person given you reason to believe he or she is prohibited and who has EVER been adjudicated by a court,board, the transaction must be stopped. commission, or other lawful authority to be, as a You MAY NOT sell or transfer a firearm or ammunition result of marked subnormal intelligence or mental to any of the following prohibited persons or in the illness, incompetency, condition, or disease, a dan- following circumstances: ger to himself or herself or to others or to lack the mental capacity to contract or to manage his/or 1. Straw Purchaser: A"straw purchaser"is a person her own affairs. This category also includes any who is not the"actual buyer"of the firearm; that is, person who has been subject to a finding of insanity a person who obtains a firearm for another person. in a criminal case, including a finding that he or she Straw purchases are a primary source of firearms is incompetent to stand trial. Also included is any used in crime. If you suspect that a transaction is person who has EVER been formally committed to a straw purchase or there are suspicious circum- a mental institution by a court or other lawful autho- stances surrounding the potential sale—such as one rity. This category does NOT include a person com- person picking out the firearm,handling the firearm, miffed to a mental institution solely for observation and providing the payment for the firearm while or a person who was voluntarily admitted to a another person completes the Form 4473—you mental institution. should not sell the firearm. Similarly, if one person attempts to purchase a firearm,NICS denies or 7. Person Dishonorably Discharged from the delays the attempted purchase, and another person Military: A person is considered dishonorably with him or her attempts to buy the same firearm, discharged only if he or she was separated from the you must not complete this sale. Armed Forces of the United States as a result of a dishonorable discharge or a dismissal adjudged by 2. Person Under Indictment: A person"under indict- a general court-martial. This prohibition does NOT ment"includes any person who has been charged include persons with a bad conduct discharge or any by indictment or information in any court with a other less than honorable discharge. crime for which he or she may be sentenced to a term of imprisonment exceeding 1 year. 8. Person Subject to a Restraining Order: This prohibited person category includes any person who is currently subject to a court order that 4 restrains the person from harassing, stalking, or 13. Sale of a Handgun or Handgun Ammunition to threatening an intimate partner, child of the per- a Person Under Age 21: You may not sell or de- son, or child of the intimate partner OR engaging in liver a firearm other than a rifle or a shotgun—or other conduct that would place the intimate partner ammunition other than rifle or shotgun ammuni- in reasonable fear of bodily injury to the intimate tion—to a person who you know or have reasonable partner or child. The court order must meet the cause to believe is less than 21 years old. A firearm specific requirements of 18 U.S.C. §922(g)(8)to frame or receiver is not a rifle or shotgun and may be prohibiting. not be sold to a person under 21 years old. 9. Person Convicted of a Misdemeanor Crime of 14. Sale in Violation of State Law or Published Domestic Violence: This prohibited person cate- Ordinance: You may not sell or deliver a firearm to gory includes any person who has EVER been any person in any State where the purchase or pos- convicted in any court of a misdemeanor crime session would be in violation of a State law or of domestic violence regardless of the title of the published ordinance. offense. The offense must meet the definition of "misdemeanor crime of domestic violence"in We recommend that you refer to the most recent 18 U.S.C. §921(a)(33). Note:Unlike other prohi- edition ofATF's State Laws and Published bited person categories, law enforcement officers Ordinances–Firearms. purchasing firearms for official use are NOT exempt from this prohibited person category. Age Restrictions 10. Person who has Renounced U.S. Citizenship: As noted above,under Federal law,the minimum age A person has renounced his or her United States to purchase firearms and ammunition from an FFL is citizenship if he or she takes formal steps to re- 18. If the firearm is other than a rifle or a shotgun—or nounce her/his citizenship before a diplomatic or ammunition for other than a rifle or a shotgun—the consular officer or before an officer designated by minimum age is 21 [18 U.S.C. 922(b)(1)]. However: the Attorney General during a time of war. 1. You may sell ammunition that is interchangeable 11. Aliens Illegally or Unlawfully in the United between rifles and handguns to a buyer who is at least States: This prohibited person category includes 18 years of age if you are satisfied that he or she any person who unlawfully entered the United will use the ammunition in a rifle. States or who illegally remains in the United States 2. Regardless of less restrictive State and local age after his or her authorized period of stay has expired. requirements for firearms and ammunition purchases, you must adhere to the above Federal mininum age 11 a.Nonimmigrant Aliens: A nonimmigrant alien is an provisions. alien who is lawfully in the United States on a tem- porary basis for purposes of travel,business, study, Transfers Between Licensees etc. The term does NOT include a permanent resi- Generally,FFLs may transfer firearms to other FFLs dent alien(someone who possesses a"green card.") including interstate transfers,without completing A nonimmigrant alien may only purchase or receive Form 4473 for these transactions. In these instances,the a firearm if he or she: (a)was admitted to the United following procedures must be followed: States for lawful hunting or sporting purposes or presents a valid hunting license or permit issued 1. Transactions between licensees must be recorded in by a State; (b) qualifies as a foreign diplomat, offi- the bound book(Acquisition and Disposition or cial, or law enforcement officer as defined at A&D)records of both licensees. 18 U.S.C. §922(y)(2); or(c)has received a waiver 2. The FFL who is buying the firearm must furnish a of the prohibition from the Attorney General. certified copy of their license to the selling FFL prior 12. Sale of a Firearm or Ammunition to a Person to the transfer of any firearm.This certified copy Under Age 18: You may not sell or deliver a fire- may be emailed or faxed. arm or ammunition to a person you know or have reasonable cause to believe is less than 18 years old. 5 State Residency Requirements General Identification Requirements Generally,you MAY NOT sell or transfer a firearm to You MUST verify the identity of each non-licensee a non-licensee who resides outside the State in which buyer by examining the person's identification your licensed premises is located. A person's State of document(s)prior to transferring a firearm. A proper residence is the State in which the person resides and the "identification document"is: person is present with the intent of making a home in that 1. A document containing the name,residence address, State. date of birth, and photograph of the person; Military members on active duty and legal aliens 2. A document that was made or issued by or under have special residency considerations. the authority of the U.S. Government, a State or local A member of the Armed Forces on active duty is a government, or a foreign government; resident of the State in which his or her permanent duty 3. A document that is of a type commonly accepted for station is located. FFLs may accept electronic permanent the purpose of identification of individuals. change of station(PCS)orders, accompanied by a valid military identification card,to establish residency for an Common examples of acceptable identification active duty military member of the Armed Forces. documents are a valid driver's license or a valid State identification card issued in lieu of a driver's license. A buyer who is not a citizen of the United States must Social security cards are not acceptable because they provide additional documentation(beyond a valid do not contain a residence address, date of birth, or Government-issued photo identification that contains photograph. However, a firearms buyer may be identified the buyer's name,residence address,and date of by any combination of documents which together birth)to establish that he or she has resided in a State contain all of the required information(as long as all the continuously for at least 90 days immediately prior to the documents are Government issued): name,residence date of the sale or delivery of the firearm. Examples of address,photograph, and date of birth. acceptable documentation include,but are not limited to, utility bills,bank statements,rent receipts, and mortgage Military members and legal aliens may have payments. This original documentation must contain the special identification document considerations. buyer's name(not the name of someone they are living No additional valid identification documentation with)and home address. is required of an active-duty member of the Armed Forces or a legal alien if he or she possesses a valid Permitted Sales to Non-Residents of Your State identification document(e.g., driver's license)that You may sell a firearm to a person who does not reside contains his or her name,residence address, date of in your State by shipping the firearm to a licensed birth, and photograph and is issued by the State in dealer in the buyer's State of residence and having the which your business premises is located. If a member buyer take possession of the firearm from that licensee. of the Armed Forces or a legal alien does not possess The licensed dealer in the buyer's State of residence is a valid, State-issued identification document with the responsible for the Form 4473 and NICS background necessary information,you may accept a combination check. Your A&D records should reflect the transfer to of valid Government-issued documents to satisfy the out-of-State FFL and not to the end purchaser. the identification document requirement.A member You may make an over-the-counter sale of a rifle or of the Armed Forces on active duty may satisfy the shotgun to a non-resident if the transaction complies with identification document requirement by presenting his or all the laws of your State and the laws of the buyer's her military identification card along with official orders State. showing his or her permanent duty station. We recommend that you refer to the most recent edition of ATF's State Laws and Published Ordinances— Firearms,prior to consummating an over-the-counter sale of a rifle or shotgun to an out-of-State resident. 6 Nonimmigrant Aliens Purchasing and If a nonimmigrant alien meets these criteria and Renting Firearms from an FFL for residency requirements and a properly completed NICS Possession in the United States check is conducted by the FFL,then the alien is eligible Nonimmigrant aliens generally MAY NOT receive or to purchase a firearm from an FFL. possess firearms or ammunition in the United States. Sales of Firearms to Law Enforcement However, a nonimmigrant alien lawfully admitted to Officers the United States may receive or possess firearms or ammunition if he or she fits within one of the exceptions Section 925(a)(1)of the GCA generally exempts law to the nonimmigrant alien prohibitions. These exceptions enforcement agencies from the transportation, shipment, apply to an alien who has been lawfully admitted into the receipt,possession, or importation controls of the GCA United States under a nonimmigrant visa,if that alien is: When firearms or ammunition are to be used for official agency business. 1. Admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting In this regard,law enforcement officers purchasing license or permit lawfully issued in the United States; firearms for official duty need to provide certain documentation. If a law enforcement officer is issued a 2. An official representative of a foreign government certification letter on official agency letterhead signed who is(a) accredited to the U.S. Government or the by a person in authority within the agency(other than Government's mission to an international organiza- the person purchasing the firearm) stating that the tion having its headquarters in the United States; or officer will use the firearm in official duties and that (b) en route to or from another country to which that a records check reveals that the purchasing officer has alien is accredited if the firearm is being possessed not been convicted of a misdemeanor crime of domestic or received in the representative's official capacity; violence,then the officer may purchase the firearm for 3. An official of a foreign government or a distin- official use. There are no restrictions as to the purchasing guished foreign visitor who has been so designated officer's State of residence or agency location. You are by the Department of State; or not required to prepare a Form 4473 for the transaction 4. A foreign law enforcement officer of a friendly or to conduct a NICS Check; however,the disposition to foreign government entering the United States on the officer must be entered into your A&D records, and official law enforcement business. the certification letter from the officer must be retained Any individual who has been admitted to the as part of your required records. United States under a nonimmigrant visa may receive ATF considers the following as persons having authority a waiver after submitting a petition to and obtaining to certify the eligibility of law enforcement officers: approval from ATF. 1. In a city or county police department,the director of In addition to meeting at least one of the exceptions for public safety or the chief or commissioner of police. nonimmigrant aliens,buyers must also satisfy the legal 2. In a sheriff's office,the sheriff. residency requirements, as discussed below. 3. In a State police or highway patrol department,the A nonimmigrant alien must provide the required superintendent or the supervisor in charge of the Government-issued photo identification document(s) and office to which the State officer or employee is documentation establishing residency in your State for assigned. 90 days immediately before the sale or transfer of the 4. In Federal law enforcement offices,the supervisor firearm. He or she must also provide documentation of in charge of the office to which the Federal officer or his or her hunting license or permit, Attorney General waiver, or documentation for any other exception. employee is assigned. Certification letters may be signed by persons other than Note: You may attach a photocopy of the additional those listed above,provided there is a proper delegation documents provided rather than record the type of of authority. Because individual circumstances vary, documentation in Items 20c and 20d of the ATF Form FFLs with any questions are encouraged to check 4473. with their local ATF field office before accepting certifications letters from other officials. Sales to Members of the Armed Forces 2. The name and address of the non-licensee or the A member of the Armed Forces on active duty is a name and FFL license number of the licensee from resident of the State in which his or her permanent whom you received the firearm; duty station is located. However, if a military member 3. The name of the manufacturer and importer(if any) maintains a home in one State and has a permanent duty of the firearm; station in a another State to which he or she commutes 4. The model of the firearm; each day,the military member has two States of 5. The serial number of the firearm; residence and may purchase a firearm in either State— and must list both the residence address and permanent 6. The type of firearm(pistol,revolver,rifle, shotgun, duty station in Item 2 on the Form 4473. receiver, frame, etc); and A military member on active duty must present either a 7. The caliber or gauge of the firearm. current driver's license or State identification card from Required Disposition Information your State, or a copy of the official orders showing the For each firearm you sell or otherwise dispose of,you military member's permanent duty station in your State must completely and accurately record the following along with a military photo identification card, an out-of- information in your bound book: State driver's license, or an out-of-State identification 1. The date of sale or other disposition of the firearm; card. 2. The name and address of the non-licensee or the ATF has determined that you may accept electronic name and FFL license number of the licensee to Permanent Change of Station(PCS)orders. You are whom the firearm was transferred. reminded to exercise due diligence to ensure that these Alternatively, if you file your Forms 4473 in numerical electronic orders reflect a PCS,not a temporary move or order,you may record your internal Form 4473 number deployment(TDY)and that the dates of the transfer are in the A&D record in lieu of recording the name and identified on the document and are inclusive of the date address of the non-licensee to whom you sold or of the attempted firearm acquisition. You are required to transferred the firearm. verify the identity of the transferee by examining a valid identification document. Time Requirements for Recording Acquisition Information Acquisition and Disposition (A&D) Record The required acquisition information must be recorded You MUST at all times maintain on your licensed in your A&D record no later than the close of the next premises A&D records that document the acquisition and business day following the date of acquisition. However, disposition of firearms. The A&D record must include if you maintain a commercial record of the acquisition, information about the acquisition and disposition of and the commercial record meets the requirements of ALL firearms for sale or trade,consignment firearms, 27 CFR §478.125(g),you may delay the recording of the pawned firearms,repair firearms(if sent for repairs or acquisition information in your bound book for 7 days kept overnight),replacement firearms, firearms loaned following the date of acquisition.Note: If the acquisition or rented for use off your licensed premises, and all other information is not entered in the A&D record prior to the acquisitions and dispositions of firearms. All firearms sale or other disposition of the firearm,you must enter that you acquire must be documented in your A&D the acquisition information at the time of the sale or record. disposition. Note: You may maintain a computerized A&D record Time Requirements for Recording if the record meets the criteria outlined in ATF Ruling Disposition Information 2008-2. The required disposition information must be recorded in your A&D record no later than 7 days following the Required Acquisition Information date of the sale or other disposition.When the disposition For each firearm you acquire,you must completely and is made to a non-licensee,you must retain the Form accurately record all of the following information in your 4473 separate from your other Forms 4473—and keep A&D record: it readily available for inspection—until the disposition 1. The date of receipt of the firearm; information is entered in the A&D record. 8 Licensed Firearms Manufacturers ATF may only authorize an alternate method or If you hold a Type 07 FFL,you are required to keep your procedure when it is substantially equivalent to the acquisition and disposition records in accordance with procedure specified in the law and the alternate method the regulatory requirements of 27 CFR 478.123(a), (b) does not hinder the effective administration and and(d). enforcement of the law and regulations or increase costs to the Government. Your request should be sent to: Time Requirements for Recording Acquisition Chief,Firearms Industry Programs Branch and Disposition Information in Manufacturer Bureau of Alcohol,Tobacco,Firearms and Explosives Records 99 New York Avenue,NE. Room 6N/672 The required acquisition information for each firearm Washington,DC 20226 manufactured or otherwise acquired and the date of such manufacture or acquisition shall be recorded not later Reporting Multiple Sales than the seventh day following such manufacture or other You MUST report to ATF on Form 3310.4 (Report acquisition. Firearms for which acquisition information must be recorded include both completed weapons that of Multiple Sale or Other Disposition of Pistols and Revolvers) any sale or transfer of two or more pistols, will or may readily be converted to expel a projectile revolvers, or any combination of pistols and revolvers by the action of an explosive and frames or receivers totaling two or more to an unlicensed individual that that may be sold, shipped, or otherwise disposed of takes place at one time or during any 5 consecutive separately. The sale or other disposition shall be recorded business days. The report must be made no later than not later than the seventh day following the transaction. the close of business on the day that the multiple sale or Note: Acquisition records of manufacturers and other disposition occurs. importers must be retained as a permanent record. Mail the original or fax a copy of the completed Form Licensed Firearms Importers 3310.4 to ATF as directed on the Form 3310.4. You must also forward a completed copy of the Form 3310.4 If you hold a Type 08 FFL,you are required to keep your to the official designated by the State or local authorities acquisition and disposition records in accordance with to receive the form. In the absence of such a designation, the regulatory requirements of 27 CFR 478.122(a), (b) forward a completed copy of the Form 3310.4 to the and(d). department of State police or State law enforcement Time Requirements for Recording Acquisition agency that has jurisdiction over the place where the and Disposition Information in Importer Records transaction(s)occurred. The required acquisition information for each firearm The ATF mailing address and fax number are: imported or otherwise acquired and the date of such ATF,National Tracing Center importation or acquisition shall be recorded within P.O.Box 0279 15 days of the date of importation or other acquisition. Kearneysville,West Virginia 25430-0279 The date of importation is the date the firearm was 1-877-283-0288(fax) brought into the United States. The sale or other disposition shall be recorded not later than the seventh Retain a copy of the completed Form 3310.4, attached to day following the transaction. the back of the ATF Form 4473 for the transfer, as part of your records. Note: Acquisition records of manufacturers and importers must be retained as permanent records. No Form 3310.4 is necessary for the return of multiple handguns to the same person from whom they were Alternate Methods or Procedures received—such as the return of multiple consignment, (Variances) pawned, or repaired handguns. In certain circumstances,you may apply to ATF for Accountability for Firearms a variance in the event that you wish to operate your Violations related to firearms missing from inventory are firearms business in a manner that differs from the among the most commonly cited GCA violations, and requirements of the regulations. The regulations that have a direct impact on public safety. These violations allow ATF to grant a variance can be found in 27 CFR 478.22 and 27 CFR 478.125(h). 9 occur when FFLs have"open entries"in their A&D Implementing these best practices in your daily business records but are unable to physically locate the firearms in operations will better enable you to account for your inventory. business assets,identify security issues, and provide To reduce or eliminate violations resultant from quick reporting of firearms that have been lost or stolen unaccounted for firearms,please consider the following from your business. best practices to ensure accountability of your firearms Lost or Stolen Firearms inventory: You MUST report to ATF each missing,lost, or stolen 1. Consider setting aside in a centralized location all firearm within 48 hours of discovery of the loss or completed Forms 4473 in a centralized location for the by calling 1-800-930-9275 and by completing and each day's sales.At the close of the business day, forwarding an original Form 3310.11 (Federal Firearms document in the disposition record the disposition of Licensee Theft/Loss Report) to ATF as directed on the each firearm recorded on the Forms 4473. Form 3310.11. 2. Consider setting aside in a centralized location each day's firearms taken into your business.We suggest A loss of a firearm occurs when you cannot determine that you document in the acquisition record the the disposition of a firearm and cannot locate it. These acquisition of each firearm at the end of each lost firearms are different from stolen firearms because business day. there is no indication that they were stolen. You must also report the theft or loss to the appropriate local 3. Some FFLs periodically conduct full inventory law enforcement agency. The"open entries"in your reconciliations.A full inventory reconciliation will A&D record of lost or stolen firearms must be closed enable you to balance each firearm in physical out by documenting in the disposition section that the inventory with an open entry in your A&D record firearm was lost or stolen and the ATF issued incident and identify any discrepancies between your records number.Retain a copy of the Form 3310.11 as part of and physical inventory: your records. See ATF Publication 3317.2,Safety and a. Consider taking a full count of all firearms in the Security Information for Federal Firearms Licensees, for business inventory and taking a count of all open additional information. entries in your A&D record; b. Ensure that all sales receipts (FFL transactions, Providing False Information repairs)and Forms 4473 have been entered as You must not provide information on required records dispositions in the A&D record; (including Forms 4473,bound books, Forms 3310.4, c. Be alert for discrepancies—if there are more Forms 3310.11, license renewal applications)that you "open entries"than firearms in inventory,then know is false or that you have reason to believe is false. there are firearms missing from inventory. If there You must not transfer a firearm to a buyer or are more firearms in inventory than there are transferee—or any other person—who provides "open entries,"then there are likely firearms that information on a Form 4473 or other required record that have not been recorded as acquisitions; you know is false or have reason to believe is false. You d. You can ensure the accuracy of your documenta- must terminate the transaction. tion by using the A&D record information(in particular,the make,model, caliber, serial number) Licensed Collectors to compare each"open entry"to the appropriate Licensed collectors may buy curio or relic firearms firearm in the business inventory; from any source and dispose of curio or relic firearms e. You can also ensure that all firearms are recorded to another licensee anywhere.As a licensed collector, in the A&D record by verifying each firearm to an you may dispose of and receive curio or relic firearms to entry in the acquisition record where an open entry non-licensed residents of your State. (disposition)exists. 10 You must maintain A&D records. Your collector's or any ATF office that serves the area where the business license entitles you to conduct transactions in curios and was located. These records provide vital assistance to relics only. A licensed collector has the same status as a law enforcement in tracing firearms used in crimes. non-licensee in any transaction involving firearms other than curios and relics. ATF Form 4473 is not required for ConCIUSIOn curio and relic transactions. As a Federal firearms dealer,it is your responsibility to A curio or relic license does not entitle the holder to make sure that you comply with all applicable firearms engage in the business of dealing in firearms, including laws and regulations. The following resources may assist dealing in curio or relic firearms. you: • Federal Firearms Regulations Reference Guide; Sale of Business or Going Out of Business • ATF Website at wwwatf.gov; You must give written notice to the Chief,FFLC,within . FFL Newsletters; 30 days after you sell or discontinue your firearms or ammunition business. If you sell or discontinue your • Instructions on ATF Forms 4473,3310.4,and 3310.11; firearms or ammunition business and are succeeded by • State Attorney General for questions concerning State a new licensee,your firearms dealer records should be firearms laws and regulations. marked to show this fact and must be delivered to the If you are unable to determine the appropriate course of successor. If you do not have a successor,you must conduct,call your local ATF office for guidance. deliver all of your firearms records within 30 days of going completely out of the firearms business to: ATF National Tracing Center Out-of-Business Records Center 244 Needy Road Martinsburg,WV 25405 11 For questions concerning unlawful activities,contact the ATF Criminal Enforcement Field Divisions below: Atlanta Field Division Houston Field Division Philadelphia Field Division 2600 Century Parkway, Suite 300 15355 Vantage Pkwy West, Suite 200 601 Walnut Street, Suite 100E Atlanta,GA 30345-3104 Houston,TX 77032-1965 Philadelphia,PA 19106 (404)417-2600 (281)372-2900 (215)446-7800 Baltimore Field Division Kansas City Field Division Phoenix Field Division G.H.Fallon Building 2600 Grand Avenue, Suite 200 201 East Washington Street, Suite 940 31 Hopkins Plaza, 5"'Floor Kansas City,MO 64108 Phoenix,AZ 85004 Baltimore,MD 21201-2825 (816)559-0700 (602)776-5400 (443)965-2000 Los Angeles Field Division San Francisco Field Division Boston Field Division 550 North Brand Avenue, 8"Floor 5601 Arnold Road, Suite 400 Federal Building Glendale,CA 921203 Dublin,CA 94568-7724 10 Causeway Street,Room 791 (818)265-2500 (925)479-7500 Boston,MA 02222-01047 (617)557-1200 Louisville Field Division Seattle Field Division 600 Dr.Martin Luther King,Jr.Place 915 2nd Avenue,Room 790 Charlotte Field Division Suite 322 Seattle,WA 98174 6701 Carmel Road, Suite 200 Louisville,KY 40202 (206)389-5800 Charlotte,NC 28226 (502)753-3400 (704)716-1800 St.Paul Field Division Miami Field Division 30 East Seventh Street,Room 1900 Chicago Field Division 11410 N.W.20'Street, Suite 201 St.Paul,MN 55101 525 West Van Buren Street, Suite 600 Miami,FL 33172 (651)726-0200 Chicago,IL 60607 (305)597-4800 (312) 846-7200 Tampa Field Division Nashville Field Division 400 North Tampa Street,Room 2100 Columbus Field Division 5300 Maryland Way, Suite 200 Tampa,FL 33602 230 West Street, Suite 400 Brentwood,TN 37027 (813)202-7300 Columbus,OH 43215 (615)565-1400 (614) 827-8400 Washington Field Division New Orleans Field Division 1401 H Street,NW, Suite 900 Dallas Field Division One Galleria Boulevard, Suite 1700 Washington,DC 20226 1114 Commerce Street, Suite 303 Metairie,LA 70001 (202)648-8010 Dallas,TX 75242 (504)841-7000 (469)227-4300 New York Field Division Denver Field Division 24137-Street, 31d Floor 1961 Stout Street,Room 674 Brooklyn,NY 11232 Denver, CO 80294 (718)650-4000 (303) 844-7450 Newark Field Division Detroit Field Division 1 Garret Mountain Plaza, Suite 500 1155 Brewery Park Blvd, Suite 300 Woodland Park,NJ 07424 Detroit,MI 48207-2602 (973)413-1179 (313)202-3400 To Obtain Assistance Regarding To Receive ATF Forms and To Ship Out-of-Business Records Your License Publications ATF National Tracing Center ATF Firearms Licensing Center ATF Distribution Center 244 Needy Road 244 Needy Road 1519 Cabin Branch Drive Martinsburg,WV 25405 Martinsburg,WV 25405 Landover,MD 20785-3816 (304)260-1500 or 1-800-788-7133 1-866-662-2750 (301)583-4696 12 U) N � O C LJL 3 V N = O d V = ► y O .t O Z 3 C7 C rn G) Z ca coil E LO O y V 0 d Z Or- 4f N y 0) a N N 0 E _ LO co LO LO 4 O y J N r OD p O � = M M � Cl) coo � � Cl) a LO � Y � p M y y0 = v v � v � VJ v u' °o YYOO U � 'LB IL Ch E E E J N E N o > L Lo E 04 O` LL O � o H N 0 " � o -2 `O Q o v LL LL co LL LL co m LL ¢ L- co ¢ U w m LL U O xy QJ (n UJ 4J d O N cz 'U O L C _ O r-- E O U O_ C O O m a) Cl) M d O CL CL to U) E Z ca o c E w ° m o *C� cn eC N N N N N 0 N N N 0 O O O M O O O O O O Q> N O 11, N r N CD 42 r r O CEO f� n r N r r J T O U O Z r y y d Ln CO cn i. 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Section A-Must Be Completed Personally By Transferee(Buyer) Transferee's Full Name Last Numc First Name Middle Nama(I/no mWd(e mmz eNte"Nd1N"l Zc.le tMs fuewm wmtstedro mother multiply salaR(ffyee,ep�ah dote) E-]Yas EN. Dme Current Reside Ad,l, ress(Ii.S.Pomal abbreviations ere acceptable.Cmnot beapmt office 1, 2d.ifym sold thesefireanns slogan slmw.r.therquelifying even[,idemify tM event and pmvideeeompine edd.ess.fthe event. Number and Atreel Address City Counry Sm[e 111,d, 3. Any COmbinmiunuf Pisrolsond Revolvers Acquired in lM1C Las[Five Business Days lace Ofairth 4.Height 5.Weight 6.Cender ].6utn Date 'rype(1,s tar—h-) SarlalN bar Mmofectura Imp.nn Modal WliLer Disposition II.SPCitr end State -Oa-I Foreign Country F, (Lba/ Mele ❑ MonfM1 Day Ysr Date Pcmale❑ H. 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Yes NU NameofAyancY Strcet AdM<ax,Ciry,avd Sate - --- L Are you'a oi�mi�a�alian 415ee'naeruuforre,/Or Quesfion11.L)Ifyou answered"no"m lots grrrrtfon.do NOT respondm ❑ ❑ 146.Date Copy 2 wen POruarded to Agevey 12,If you 'gm I' d GII 'ttinmy of....epv.ns utf Minh .ill" - me Beemee mus! Yes N. IS.Addivovaimmtmelion RClmm mcTRVaferOfineFircWrae omplmq N 20d.)(S,,I 'r Quesnan 11)Ifquesflvn 1116 arvwe d 'n p .. en dv NOS ❑ ❑ 8r° rid ro u on 12 and ,e 11 a IT 13,What is yam State ofrosidance 14.What is yam eomby of cifi 1Elp?(List/check more Man 15.Ifyou are votasiSxdb M'lhc UVited Slates, ('luny)?(See/rvxrvcr.nsjr e,i(applirable.If—area citizen nf1h.United Slaress. wha[is your U.A.isSUtd alien number or 16.Name Of Employee FiaivgO his FOml 1].Dote This FOml Was COmple[rd Quesnan/3) mreedro yuesrion l6J ❑United States.fAmenca admission number? O[hcr(Spesffy/ r Edmvns Are Obsolete Transferee PAGE 7 BE to Nem Page onl ran t Whm Fax iv Avaimble,Please Faxtb IA]]-283-0288. x.vi:a morn swz Page I of 6 us STAPLE IF PAGES BECOME SEPARATED Ar,e.a Avgan xo0v MB U. 39(0]/31/3012) U.S.Depvrtmev[of 3umice O N 1140-00 Bureau ofAlcoha,Tobacco,Fix—,and Explosives Federal Firearms Licensee Firearms Inventory Theft/Loss Report Allen sr bar fnk..Plea e 1 and in re(ully beJbr omyle(ing rni.rj rm Bastian A-Federal Flreerms Licensee I--d- I,,—Fi­­License Nwvb<r Feduml Pfamms Licmeee Telephone Number((nchrde area wde) Trada/COrpomra Nam,, Suet Add,—.f deral FbA.—Llcmtsce City Blare Zip Code Tiklb rte Nnmb<r1-1A area code/ Full Name of Person Making Report Street Address of Perron Making Report City Smte Zip Coda Telephone Npmber(1111 area code) Section B-T hILOSS 1--fl- 1,1 Time Description oflncident U.b, The L..Discovered �Bmgiary �RObbery Police N.tifiratmn LLmceny Missing inv nrory JATF Issued Ivcidnvf Number ATFNONfil.U.n Nome of Local Authority to Whom Reported IF.,1—glary,larceny....bbery,include lbe police sport numb.,and officer/derenive name). Street Address of Local Authority Thep Location if Different from FFL Premises Ciry stare Zip Code City S[am Zip COdc Name and Tcleph.vu Number ofnc�ATF Rcprcacnrative Notified({/thin repar(is rbr iveulx stun ATFenmp(]ance MapeuiOn,pravYe the name and te(ephonrnumbar fUe ATF/nspecror-) BriePDes p not lvcidevt(e.g..Nawfireunns wr�e sro(en,etc J: Section C-Description of Flrearma Acquisitim Type Mmbfectuar Mndcl Celiberl Serial Number Date Cau CertiBCatiov reby certify I—the inf.rmvtioo c.n[vnetl W this report n true vnd correct 1 rho undmatmd mot fvtlnre to report the-ft-I- "I Drevrm from my invento,..collecriov-M.48 Soon of the diu.very of 1M1e--al is a violation of 18 U.S.C.§9231g1(6)punBh- able v vlel.n. Signature of Licenvec Dalc 15 ATF Fact Sheet -FFL Compliance Inspections Page 1 of 2 ,ATF Fact Sheet = y At The Frontline Against Violent Crim Public Affairs Division—Washington,D Contact: ATF Public Affairs Division March 2012 (202) 648-8500 www.atf.gov FFL COMPLIANCE INSPECTIONS The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), pursuant to the Gun Control Act(GCA) and the Federal firearms regulations, is responsible for licensing persons engaging in a firearms business. With certain exceptions, the GCA allows ATF to conduct one warrantless, annual compliance inspection of a federal firearms licensee (FFL). The purpose of the inspection program is to educate the licensee about regulatory responsibilities and to evaluate the level of compliance. Compliance inspections also serve to protect the public in that they promote voluntary internal controls to prevent and detect diversion of firearms from lawful commerce to the illegal market. During inspections, ATF industry operations investigators (IOI)review records, inventory, and the licensee's conduct of business. To assist in meeting and maintaining compliance, investigators also provide instructional and educational materials about the requirements of the law and regulations and best business practices. There were approximately 65,000 FFLs engaged in business in fiscal year 2011 (excluding persons holding collector licenses). During that time,ATF conducted more than 13,100 firearms compliance inspections. About 50 percent of the licensees inspected were determined to be in full compliance with the law and regulations and no violations were cited. Approximately 71 federal firearms licenses were revoked or were denied renewal due to willful violations of the GCA. This figure is approximately .54 percent of the number of licensees inspected. Compliance failures, which constitute violations of law and regulation, commonly disclosed during the inspection process include failure to verify purchaser eligibility; inability to account for firearms received and disposed; failure to ensure firearms traceability due to improper recordation of firearms receipt and disposition; failure to properly document firearms transfers; and failure to report multiple sales of handguns. These types of violations, among others, can hinder the FFL's ability to support law enforcement criminal investigation efforts. Proper and timely recordkeeping by FFLs is critical to the success of a crime gun trace and is required for all firearms acquired and transferred by licensees. Failing to account for firearms is a serious public safety concern because unaccounted for firearms cannot be traced. During compliance inspections conducted in fiscal year 2011, ATF investigators identified nearly 177,500 unaccounted for firearms, which FFLs could not locate in inventory or account for by sale or other disposition. By working with industry members, IOIs reduced this number to about 18,500 unaccounted for firearms. http://www.atf.gov/publications/factsheets/factsheet-M-compliance.httnl 5/2/2012 ATF Fact Sheet -FFL Compliance Inspections Page 2 of 2 As such, ATF investigators improved the success rate of potential firearms traces of previously unaccounted firearms significantly. While this is a great improvement,with more than 18,500 firearms still missing a significant threat is posed to public safety. When violations of the law and regulations are disclosed during an inspection, a Report of Violations is issued to the licensee that outlines the discrepancy and the requirements for corrective action. ATF also works to gain cooperation and compliance from FFLs by issuing warning letters and holding warning conferences. Despite these remedial actions, on rare occasions ATF encounters a licensee who fails to comply with the law and regulations and demonstrates a lack of commitment to improving his or her business practices. In such cases where willfulness is demonstrated, ATF's obligation to protect public safety may require revocation of the federal firearms license. ATF investigators assist licensees in developing corrective actions when violations are identified, and encourage licensees to constructively engage in the remediation process. In this way, ATF attempts to bring licensees into compliance before it becomes necessary to take administrative action against the licensee. When an ATF inspection results in a warning conference or potential revocation, the licensee is provided an opportunity to develop a written plan that details the steps taken to correct the problems identified and measures implemented to ensure future compliance. ATF's focus is to help licensees avoid violations of the law and its implementing regulations. The Bureau prides itself on partnering with the firearms industry, especially regarding voluntary internal controls, to better protect the public. To that end, ATF continues to work closely with the firearms industry at all levels to ensure compliance, understand concerns, and help resolve perceived obstacles to compliance. ATF strives to educate licensees concerning their obligations under the law through open letters mailed to FFLs, information posted on ATF's Web site, quarterly FFL newsletters, industry seminars, attendance at trade shows, and partnerships with industry associations. Licensees are provided the "Federal Firearms Regulations Reference Guide,"which includes laws, regulations, and other information about conducting a firearms business under federal law, and other publications such as the "Safety and Security Information for Federal Firearms Licensees." http://www.atf.gov/publications/factsheets/factsheet-M-compliance.html 5/2/2012 PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2012-03 NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, is proposing to amend Title 10, Chapter 8, Article A the M-1 Limited Manufacturing District and Article B the M-2 General Manufacturing District, of the Yorkville Zoning Ordinance to permit as a special use and provide regulations for indoor shooting galleries/ranges; and to also add as a permitted use the manufacturing of firearms and ammunition within those Manufacturing Districts. Copies of the proposed ordinance are on file with the City Clerk. You are further notified that the proposed ordinance may be changed, modified, amended or redrafted in its entirety after the public hearing. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, May 9, 2012 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Memorandum EST seas To: Plan Commission � _� --�- From: Krysti J. Barksdale-Noble, Community Development Director p E CC: Bart Olson, City Administrator c— $eE Date: May 3, 2012 Kendae counTy <LE ,��'�` Subject: Development Applications and Plan Commission Procedures for Findings of Fact In the interest of providing the Plan Commission and staff with the information necessary to process and consider zoning petitions, such as special use and variation requests, staff is proposing to revise the current format of the city's development applications and standardize procedures for establishing findings of facts. Proposed New Development Applications Staff proposes to revise the attached development applications to require the inclusion of the following: (1) Standards for Special Use as provided in Section 10-14-6F of the City's Zoning Ordinance; (2) Standards for Granting a Variation' as provided in Section 10-14-5C; and (3) factors related to Map Amendments (Rezoning) as provided in Section 10-14-713-5 of the City's Zoning Ordinance and additional factors established in LaSalle National Bank of Chicago v. County of Cook and Sinclair Pipeline Co. v. Village of Richton Park. An applicant submitting a petition for any of the above-referenced entitlements will be required to provide written responses to the standards and/or factors and specifically address how each are met as part of the proposed request. The applicant's written responses to the standards and/or factors will be attached to staff's memorandum regarding the proposed request and incorporated into the public record. Staff may provide additional commentary regarding how the proposed request does or does not meet the requirement. The Plan Commission, in their consideration of the request, may choose to adopt the applicant's written responses as their findings of fact, or adopt an amended version of the applicant's written responses which integrates staff comments, public hearing testimony or their own determinations. The process proposed by staff for adoption of the Plan Commission's findings of fact is explained below in greater detail. Suggestions for Procedures for Findings of Fact With regard to suggested procedures for establishing findings of fact, staff and the City Attorney recommend upon the conclusion of the public hearing, the Plan Commission review and discuss each enumerated standard and/or factor to determine if it has been met as part of the proposed request and sufficiently addressed in the applicant's written response. Amendments to the findings of fact, if any, should be made at this time. A voice vote is recommended to be taken after each standard and/or factor for concurrence if the standard has been met. Once the individual standards and/or factors have been voted upon, the Plan Commission should then vote to recommend approval or denial of the proposed request. It is imperative that the Plan Commission's position on the findings of fact (the proposal does or does not meet the standards/factors) is reflected in the vote to recommend approval or denial of the applicant's request. For your reference, staff has attached the standards and/or factors mentioned-above and will be available to discuss the suggestions presented in this memorandum at Wednesday night's meeting. 'Zoning Board of Appeals(ZBA)is granted the authority to review and approve requests for variations,per Section 10-14-5 of the City's Zoning Ordinance. 43 �It ° e''L- United City of Yorkville .0 800 Game Farm Road --- 1635 Yorkville, Illinois 60560 Telephone: 630-553-4350 'BILE X Fax: 630-553-3436 PC# APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: Date of Submission: Requesting: [] Annexation [] Zoning [] Planned Unit Development [] Special Use: 1. Name of Petitioner(s): Address: Phone Number: Fax Number: Email Address: Relationship of Petitioner(s)to subject property: [] Owner [] Developer [] Contract Purchaser 2. Name of holder of legal title, if different from #1: If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). (i). Street address and physical location of subject property: (ii). Zoning of surrounding parcels: North: South: East: West: b). Legal description of property; attach as Exhibit"A". c). Total Acreage: d). Kendall County Parcel Number(s)of property: e). Current Zoning Classification: f). Zoning Classification Requested: g). Is this property within City limits? Yes No, requesting annexation United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 44 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: 7. Does a flood plain exist on the subject property? 8. Do Electors reside on the subject property? If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number: Fax Number: Email Address: Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 45 10. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 35 copies. b. Appropriate filing fee (Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees" and/or contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan: 35 sets folded to fit in a 10" x 13" envelope. d. One CD containing one electronic copy(pdf) of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petitioner(s) Signature: (All legal property owners'signatures must appear on this application.) Subscribed and sworn to before me this day of 200 Notary Seal THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 46 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning -$250 plus $10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use -$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees- 1.25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee -$500 f. Engineering Review Deposit- up to 1 acre = $1,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4th Thursday of the month at 9:00 a.m. in the city conference Room. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director, City Engineer, Zoning Official, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Department representative. Step 3: Park Board planning meeting: The Park Board makes recommendations on any park sites included in residential developments. The Park Board planning meeting is the 4th Thursday of each month at 7:00 p.m. at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Yorkville public library at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor. A public hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 ft.of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 47 Step 5- Economic Development Committee: The Economic Development Committee meets the 1st Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: A public hearing is required for annexation or PUD agreements. The City Council meets the 2n or 4th Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A public hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Community Development Department, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: Signature of Petitioner United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 1 39 United City of Yorkville 4 800 Game Farm Road EST. �° ` .-- ,ass Yorkville, Illinois 60560 o Telellione: 630-553-4350 fi '`�'�.$0 CFax: 630-553-3436 kE ZBA # APPLICATION VARIANCE REQUEST Date of Submission: 1. Name of Petitioner(s): Address: Phone Number: Fax Number: Email Address: 2. Name of holder of legal title, if different from#1: If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: 4. a. Street address and physical location of subject property: b. Proposed name of subdivision (if any): c. Legal description of property for which zoning variance is sought: (If more space is needed, attach as "Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: United City of Yorkville Variance Request Application Revised: 1.29.09 40 5. Names and addresses of any adjoining or contiguous landowners and property owners within 500 feet of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) 6. State the variance requested and the City ordinance including the section numbers to be varied: 7. Name, address,phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number: Fax Number: Email Address: 8. Submit application with a filing fee in the amount of$85.00. Note: Owner/Developer will be responsible for payment of$500 deposit for consultants (i.e. legal review, land planner, zoning coordinator, environmental, etc.). In addition, owner/developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing. Should owner/developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertinent materials, and one CD containing electronic copies (pdf) of each of the application(complete with exhibits), drawings, map, and site plan to the Community Development Department. Large items must be folded to fit in a 10"x 13" envelope. United City of Yorkville Variance Request Application Revised: 1.29.09 41 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: Petitioner(s) or legal property owner's signature must appear on this application. Subscribed and sworn before me this day of , 200 Notary Public Notary Stamp THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Variance Request Application Revised: 1.29.09 42 VARIANCE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees and all pertinent materials to the Community Development Department. Upon receipt the variance request will be forwarded to the Zoning Coordinator for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. Note: You mustpresent your request at each of the meetings below as indicated. Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis, the 1 st Wednesday of the month at 7 P.M., in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A public hearing will be held at this time for the variance request. Notice will be by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 ft.of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. Prior to the public hearing, a certified affidavit must be filed by the petitioner with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: City Council: The City Council meets the 2nd and 4th fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This session considers recommendations of the Zoning Official and Zoning Board of Appeals. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Community Development Department, United City of Yorkville, 800 Game Farm Road,Yorkville, Illinois 60560. Date: United City of Yorkville Variance Request Application Revised: 1.29.09 STANDARDS FOR GRANTING A VARIANCE: The Zoning Board of Appeals must base its decision to vary, or recommend varying, any regulation of the Zoning Ordinance upon the following standards (Section 10-14-5C): 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. STANDARDS FOR SPECIAL USE: Section 10-14-617 of the City's Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. FACTORS FOR MAP AMENDMENT (REZONING): In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' and `Sinclair' cases should also be considered. These factors are as follows: 1) The existing uses and zoning of nearby property; 2) The extent to which property values are diminished by the particular zoning restrictions; 3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) The relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) The suitability of the subject property for the zoned purposes; 6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) The community need for the proposed use; and, 8) The care with which the community has undertaken to plan its land use development.