Armory Sponsor
Posted: 12/6/2014 12:59:50 AM EDT
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Does anyone here live in an R-5 zone and have an FFL?
I know I am in R-5, and the only hang up I can find is: Prohibited uses. Any business which displays merchandise to be sold on the premises unless such business is part of a multistory, or multiunit, predominately residential project or accessory to the office use. Just trying to do a kitchen table FFL, and are the guns being transferred really considered merchandise to be sold? The gun has already been sold, I am just facilitating the delivery? Or am I over thinking it and screwed? Thanks for the help. |
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Did not know that. Florida/Escambia county. Thanks. Quoted:
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Zoning definitions are local, R-5 is meaningless without a state/county/city for reference. Did not know that. Florida/Escambia county. Thanks. Are you covered by county or city zoning code? |
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If I'm looking at the correct code for your locale, I found this related to home occupations. Number 6 will be problematic for you.
Home occupations. Occupations accessory to a residential use shall be conducted within a dwelling unit, or accessory building by one or more residents of the dwelling unit and shall not occupy more than 20 percent of the total floor area of such dwelling unit or more than 300 square feet of floor area, whichever is less. Prior to commencement of any home occupation, the owner shall obtain all appropriate/required business, professional or occupational license(s). Any home occupation shall meet the following standards: 1. Exterior evidence of the operation. There shall be no exterior displays or storage, or a display of goods or merchandise or stock-in-trade visible from the outside or exhibited on the premises by any method or device whatsoever, including signs which would indicate from the exterior that the dwelling unit, or accessory building is being utilized in whole or in part as a home occupation; 2. Mechanical equipment impact. Use, in connection with the home occupation, of any mechanical or electrical equipment which creates interference or causes adverse impacts on adjoining or nearby properties is prohibited. Those devices normally used in agricultural activities, for household purposes, or for other domestic purposes are not regulated by this section. (The use of personal computers, typewriters, calculators, etc., is not regulated by this Code); 3. External structural alterations. External structural alterations not customarily associated with residential buildings are prohibited; 4. Noise or similar impacts. Offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, glare or other objectionable effects are prohibited; 5. Employees. Employment of persons other than a family member residing in the dwelling unit, is prohibited unless otherwise approved as part of a conditional use permit pursuant to section 2.05.00 of this Code; 6. Customers. No customers shall visit the house nor shall there be any other additional traffic or an increase in demand for parking due to trucks or other service vehicles coming to the house; 7. Group instruction or assembly. Group instruction or assembly; fortune telling; massage parlors, modeling studios, photography studios and similar services are prohibited; 8. Mobile homes. A home occupation or commercial activity is prohibited in a residential mobile home; and 9. Auto repair. The manufacturer or repair of motor vehicles or other transportation equipment is prohibited. |
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I would contact your local planning staff to inquire about home based businesses for your particular zone. In addition to the R-5, there could be some weird overlay zones that impact your plans.
You could apply for a conditional use permit if it is not permitted. That will cost you an application fee (looks like $1270.50) and will most likely result in a public hearing. It's an application fee so it's gone whether you win or lose. Depending on your state's noticing requirements, they may have to notify all residents within a certain distance of you of the application for a conditional use which and what that use is. If there is a public hearing, they can come and comment on it. I am a planning commissioner for my city. Conditional use applications typically have to meet a set of objective standards (which can be looked at very subjectively) so the public input may not impact the final decision. Comments of "I don't want guns sold next door to me" should not impact the decision but it can still sway the commission on an emotional level. ETA: Here are the standards you need to meet for a conditional use permit: 6.08.00. - Conditional use review standards. 6.08.01. General provisions regulating conditional uses. A conditional use shall be permitted by the board of adjustment (BOA) provided that the BOA finds that the proposed use complies with the requirements of this Code and that the use: A. Is so designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected; B. Will not unduly adversely affect other property in the impacted area which it is located; C. Conforms to all applicable provisions of the district in which the use is to be located; and D. Satisfies standards stipulated for similar uses as described in section 6.08.02 below. |
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