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Item No: 913i Meeting Date: Sep 27, 2021 Type of Business: Reports City Administrator Review: of Mounds View Staff R To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: Gun Shops as a Permitted Use Introduction: Staff received an inquiry if a gun shop and classrooms would be an allowed use at 2840 Mounds View Blvd (formerly Simons/ABC Liquor), zoned B-2 Limited Business. Simons sold firearms at one time. Being that firearms sales is a discontinued use at this location, and the sensitivity of the topic, Staff is requesting direction from the City Council if Firearms Sales is a Permitted Retail Use within the B-2 district. Discussion: Permitted Uses in the B-2 district include Service Oriented Businesses, and Retail. Examples of each are included, but examples do not include "Firearms Sales". "Whenever in any zoning district a use is neither specifically permitted, nor denied, the use shall be considered prohibited."' The Code provides direction for the City Council and/or Planning Commission to conduct a study to determine if an amendment is appropriate..... Or, the City Council can just interpret Retail Sales to be inclusive of firearms sales (e.g. no study). If a study were conducted, it would compare city ordinances of permitted vs. conditional uses in similar zoning districts, and any conditions of approval. Firearm sales is heavily regulated by the ATF. Thus, conditions would likely relate more to locations prohibited, similar to minimum setbacks required for licensed liquor and tobacco sales from certain uses, such as schools and churches. As the Council may recall, this topic was discussed in detail in 2018/2019, in relation to the Crossroads Pointe redevelopment. Elsewhere in the Code related to zoning, Pawn Shops are prohibited from accepting, purchasing, or selling firearms.Z The person inquiring has no intension of operating a Pawn Shop at this location. Recommendation: Staff is requesting interpretation from the City Council if Firearms Sales is a Permitted Retail Use within the B-2 district. If yes, Firearm Sales is a Permitted Retail Use in any B-2, B-3, or B- 4 district (B-1 is more limited in its permitted retail uses, in Staff's interpretation.) Respectfully, AV, eQx Jon Sevald, AICP Community Development Director 'Mounds View Municipal Code § 160.008 (Uses not Provided for Within Zoning Districts) 2 Mounds View Municipal Code § 115.011(Q) (Prohibited Items) The Mounds View Visior_ A Thriving Desirable Commit,«ty