It looks like they plan to somehow, Building Inspectional Services, will keep them from opening previous to May 10th and therefore subject to new bylaws and permits that do not exist now.
![[puke]](/xen/styles/default/xenforo/smilies.vb/023.gif "Puke [puke]")
However, the State Zoning Act, Chapter 40A, does state that any approved zoning amendment will apply to any use/business that has not commenced prior to the publication of notice of the public hearing for the zoning amendment.
It is expected that the City Council will provide notice of the public hearing in the newspaper on April 26 and May 3, 2021. Practically speaking, if there is a proposed firearm dealer use that has not started operating by those dates, it will be subject to the proposed zoning amendments whenever those amendments are passed.
Friday, April 16, 2021 Mayor's Update COVID-19 Updates and Losses We had 66 additional confirmed cases of COVID-19 over the past seven days from April 8 ̶ 14, the fewest we’ve seen in a week since ear
myemail.constantcontact.com
Regulating Gun Stores in Newton
Like many of us, I am deeply concerned about a firearms store which has started taking the steps to potentially open in Newtonville at 709 Washington Street near many homes and restaurants and proximate to schools. I brought together our team at City Hall to brief me on our options.
Thanks to the thoughtful collaboration of City Council President Susan Albright, the City’s Law, Planning, Inspectional Services, and Police Departments, today I and members of the City Council have jointly docketed an amendment to the City’s zoning ordinance that would only allow firearms sales related uses in certain zoning districts in the City. It will also require firearms sales uses to be approved by special permit by the City Council. Finally, it will create specific special permit criteria, including a buffer zone between a firearms dealer and residences and schools.
What is the process moving forward for the proposed zoning amendment?
The City Council will assign the proposed zoning amendments to the appropriate committees at its meeting on Tuesday, April 20 and also assign a public hearing date. It is likely that the matter will be assigned to the Zoning and Planning Committee (ZAP) for a public hearing on May 10, 2021. At the public hearing, the Council will hear input from the public. It will then discuss the draft language, potentially make revisions, and ultimately recommend that matter to the full City Council for a final vote to approve the zoning amendments.
In general, zoning is prospective and would not limit ongoing uses and businesses that are already operating.
However, the State Zoning Act, Chapter 40A, does state that any approved zoning amendment will apply to any use/business that has not commenced prior to the publication of notice of the public hearing for the zoning amendment.
It is expected that the City Council will provide notice of the public hearing in the newspaper on April 26 and May 3, 2021. Practically speaking, if there is a proposed firearm dealer use that has not started operating by those dates, it will be subject to the proposed zoning amendments whenever those amendments are passed.
Why are we not prohibiting gun stores everywhere in Newton?
The City Council has broad authority to regulate all land uses in Newton, including the location of firearms dealers. That said, in light of the nature of the issues and the implications of Constitutional protections, it may be reasonable to expect that the more restrictively firearm sales are regulated, the more likely such regulations will be subject to a court challenge.
What to learn more? Click
here to read a FAQ prepared by the Law Department on the regulation of firearms dealers in Massachusetts.
This is their link to their stance:
Regulation of Firearms Dealers – FAQs As of April 16, 2021
Does Newton have any zoning regulations around firearms dealers? The City of Newton currently does not have any zoning regulations around firearms dealers. Firearms dealers fall within the general use category of “retail sales” that is currently allowed by right in all Business Use zoning districts, by special permit in the Limited Manufacturing District, and either by right or by special permit ̶depending on the size of the retail store ̶ in the Mixed Use districts.
What options does Newton have to regulate firearms dealers through zoning? The City Council has broad authority to regulate all land uses in Newton, including the location of firearms dealers. That said, in light of the nature of the issues and the implications of Constitutional protections, it may be reasonable to expect that the more restrictively firearm sales are regulated, the more likely such regulations will be subject to a court challenge.
What steps are currently being taken by the City to address firearms dealers? Today, the Mayor and City Councilors have jointly docketed an amendment to the City’s zoning ordinance that would restrict all firearms sales related uses to the following zoning districts: Business Use 4, Mixed Use 1, Manufacturing, and Light Manufacturing. The proposed amendment also requires firearms sales uses to be approved by special permit by the City Council. It will create specific special permit criteria, including a buffer zone between a firearms dealer and residences and schools. The Law and Planning Departments are currently developing the proposed zoning language and the text of the amendments which will be available shortly and posted on the City website. The proposed language will then go to the City Council.
What is the City Council process for reviewing the proposed zoning amendments? The City Council will assign the proposed zoning amendments to the appropriate committees at its meeting on Tuesday, April 20 and at that time will also assign a public hearing date. It is likely that the matter will be assigned to the Zoning and Planning Committee (ZAP) for a public hearing on May 10, 2021. At the public hearing, the Council will hear input from the public,. It will then discuss the draft language, potentially make revisions, and ultimately recommend that matter to the full City Council for a final vote to approve the zoning amendments.
If and when the proposed zoning ordinances are passed, will they apply retroactively? In general, zoning is prospective and would not limit ongoing uses and businesses that are already operating. 2 However, the State Zoning Act, Chapter 40A, does state that any approved zoning amendment will apply to any use/business that has not commenced prior to the publication of notice of the public hearing for the zoning amendment. It is expected that the City Council will provide notice of the public hearing in the newspaper on April 26 and May 3, 2021. Practically speaking, if there is a proposed firearm dealer use that has not started operating by those dates, it will be subject to the proposed zoning amendments whenever those amendments are passed.
more at the link:
