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
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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
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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
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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.
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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.
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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.
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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.
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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).
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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)
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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.
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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)
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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)
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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)
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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)
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I N
Legend i WZ6 E
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A-1-Agricultural District
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O-Office District
B-1-Limited Business District 10 .
B-2-General Business District i-' °—"--•1 \
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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
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Burcnuofrlleoh.l,TObacco.F.......d Explosives Report of Multiple Sale or Other Bureau ofAlcohol.Tobacco.Firearms end Explosives FirearmsTransactionRecordPartI-
Disposition of Pistols and Revolvers Over-the-Counter
(Please cvmplNe all m(ormetlav) NING:YOUmey nor receiveafirearm ifproM1ibitetl by Pederel or Amt elan'.Theinfnrmationyouprohi will Transferor's Trmmmion
I.Date Trvneferretl 2a.Federal Firearms Li,,rnsee(FFL)Numbm uaaed to determine whether you are prohibitedunderlvw.rum receiving a firevrm,Certeivviolatiovs of the G.. sepal Number(/tarty/
Control Act.lA U.S.C.§9931 el seq.,are punishable by up m 10 years imprisonment andlor up to a SESO,o0o fine.
26.Business or Trade Name end AdMoss(Ifyw Foos omp(ere Infonnanon available on a nrbbusramy,plearepfa.e informan.n herz)
Prepare in original only.All enbies most Fe M1antlwritten in ink.Read me Notices,Inmrucdona,and Definitions on
Mis form."PLEASE PRWT."
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
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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. Social Security Numbu(OyROnvl.Fur wil(halp ymrnf rnislJemifiovdonl 9.Unique Pero..i ldmtifinetl.n Number(UP/N)if appt.c ]clSCr
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10.Race(£Unialry/(Cheek orze or more bores.See lns(rvor[onsfor gueslron(0./
�Amencev Indian or Alaska Native ❑Black..African Amcncm ❑Native Hawaiim or Other Pacili<islander
—NEI ❑Hispmic or Latiim ❑Asian ❑White
mrfi-m (eem 'arts rhrw hlll.aM l2fa Ernnlclb en skin sm h.y "m Me b.xsfothe' mtlm
a' Areyou the actual transferee/buyer of lhefirtarmisl listed on this fortnY Warning:Ynn ere not the actual buyer if you are Yes No
xquiring the Breermfa)on behaB of an.mer pcnon.Dynu ore notthe umual huycr,rhedenler canmrtmnsferfhe firevrm(e ❑ ❑
4. Tramfwoc's Nmne(Laer.first,middle) myou.ISer rrrarrvrflans,%or Qursr to /.aJ Lxcepdon_Flyou are pickin8 uporyraireYjrearm(f/nr anorhe+prrson.YOU are not
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Bureau ofAlcoha,Tobacco,Fix—,and Explosives Federal Firearms Licensee Firearms
Inventory Theft/Loss Report
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Section B-T hILOSS 1--fl-
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Time Description oflncident
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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.