[Added 2-15-2023 STM by Art. 10]
The purpose of this article is to regulate the location, siting,
design, placement, security, safety, monitoring, and modifications
of Firearms Businesses within the Town of Littleton to minimize the
adverse impacts of Firearms Businesses on adjacent properties, residential
neighborhoods, schools and other places where children congregate,
and to protect and promote the quality of the Town of Littleton's
neighborhoods, commercial and business districts, and the general
welfare, health and safety of the citizens of Littleton.
The provisions of this article are not intended to supersede
federal or state laws or regulations except to the extent that any
such laws or regulations allow a community to adopt standards more
stringent than the minimum standards provided in such laws and regulations.
A.
No Firearms Business use shall commence unless permitted by the issuance
of a special permit as authorized by this article.
B.
No Firearms Business use shall commence until all necessary Federal,
State and other required local approvals and licenses are obtained.
C.
No special permit for a Firearms Business use shall be issued unless
the use is located in the Industrial A or Industrial B Zoning Districts.
Firearms Businesses are not allowed in the Town of Littleton other
than in the locations designated within the Zoning Bylaw specifically
authorizing Firearms Business use.
D.
The establishment and operation of Firearms Businesses shall be subject
to continued compliance with all special permits, including any conditions
thereof, the provisions of this Article, any other applicable requirements
of the Zoning Bylaw, and all applicable Federal, State, and local
laws and regulations.
A.
No special permit for a Firearms Business shall be granted where
such use would be located within 500 feet of a:
1)
Residential use, residential zoning district, or mixed-use districts
within which residential uses are allowed;
2)
Public or private elementary school, middle school, or high school;
3)
Child Care Facility, including family childcare homes, childcare
centers, and/or nursery schools;
4)
Any establishment catering to or providing services primarily intended
for minors, including, but not limited to establishments such as activity
centers or commercial recreation centers (e.g. rock climbing gym,
The Little Gym of Littleton);
5)
Church or other religious use;
6)
Public park intended for passive or active recreation; or
7)
Playground.
B.
The 500-foot distance shall be measured in a straight line from the nearest point of the structure within which the Firearms Business would operate (from the nearest point of the exterior of the tenant space if the Firearms Business is located in a structure occupied by multiple tenant spaces), to the nearest boundary line of a residential zoning district, a mixed-use district within which residential uses are allowed, or the nearest point of any property on which a public or private elementary school, middle school, or high school is located, or to the nearest point of any structure containing or associated with other uses listed in Subsection A above, provided, however, that if no structure is on the property the distance shall be measured to the property line of such use.
C.
The commencement of one or more of the uses listed in Subsection A above within 500 feet of a proposed Firearms Business location during the review of a special permit application for a Firearms Business (beginning on the date of submittal), following the issuance of a special permit, or following the commencement of the Firearms Business use shall not invalidate the Firearms Business uses, the special permit issued therefor, or the ability to renew any unexpired or unrevoked special permit.
D.
No Firearms Business shall be located inside a building containing
residential dwelling units, including transient housing, group housing,
hotels, motels, lodging houses, and/or dormitories.
E.
No Firearms Business shall be located within 500 feet of another
Firearms Business. The 500-foot distance shall be measured in a straight
line from the nearest point of the structure within which the Firearms
Business would operate (from the nearest point of the exterior of
the tenant space if the Firearms Business is located in a structure
occupied by multiple tenant spaces) to the nearest point of the structure
within which a Firearms Business is already operating.
A.
A Firearms Business may be allowed in locations set forth in § 173-26, Use regulations schedule, by special permit from the Planning Board (the "SPGA") in accordance with MGL c. 40A, § 9, only subject to the procedures, regulations, requirements, conditions and limitations set forth herein. The SPGA may deny or grant with conditions all such applications. Only an applicant holding a valid, current State license issued pursuant to MGL c. 140, § 122, as applicable, and all required Federal and local licenses is eligible to apply for a special permit pursuant to this article.
B.
Prior to the application for a special permit pursuant to this article,
all Firearms Business uses shall submit an operations and management
plan including, but not limited to, a security plan to the Littleton
Police Department for review and approval.
C.
Applicants for a special permit pursuant to this article are strongly
encouraged to meet with the SPGA at a public meeting to discuss the
proposed application for a new Firearms Business and to discuss in
general terms the proposed Firearms Business prior to the formal submission
of an application.
D.
The application for a special permit for a Firearms Business shall
comply with the rules for such applications adopted by the Planning
Board and filed with the Town Clerk. In addition, the application
for such special permit for a Firearms Business must include the following
information:
1)
Name, residential address, business address, and telephone numbers
of the legal owner or owners of the proposed Firearms Business;
2)
Name, residential address, business address, and telephone number
of the manager of the proposed Firearms Business;
3)
Name, residential address, business address, and telephone numbers
of all persons having any equity, including beneficiaries or other
interest in such Firearms Business, including but not limited to security
interest, liens, mortgages, or other interest. In the event that a
corporation, partnership, trust, or other entity is listed, the name,
residential address, business address, and telephone number of every
person who is an officer, director, shareholder, or trustee of the
entity must be listed, in order that the SPGA may know who are the
persons who actually own and control that Firearms Business;
4)
A sworn statement that neither the applicant, the manager, nor any
person having any equity or other interest in the Firearms Business
has been convicted of violating the provisions of MGL c. 140, §§ 122B,
130, 131N, or similar laws in other states;
5)
The total number of employees;
6)
Proposed security precautions;
7)
Evidence that the applicant has site control and the right to use
the proposed site as a Firearms Business. Such evidence shall be in
the form of a deed, purchase and sale agreement, lease, or other legally
binding document;
8)
The physical layout of the premises including the interior of the
structure in which the Firearms Business will be located; and
9)
A full description of the intended nature of the business; and
10)
Copies of all State, Federal, and local firearms licenses and
permits issued to the applicant;
11)
Proof of a policy of insurance executed by an insurance company
insuring the applicant against liability for damage to property and
for injury to, or death of, any person as a result of the theft, sale,
lease or transfer or offering for sale, lease or transfer of a firearm
or ammunition, or any other operations of the Firearms Business. The
limits of liability shall not be less than $1,000,000 for each incident
of damage to property or incident of injury or death to a person;
provided, however, that increased limits of liability may be required
by the SPGA in its discretion. The policy of insurance must contain
an endorsement providing that the policy shall not be cancelled until
written notice has been given to the SPGA at least 30 days prior to
the effective date of the cancellation.
E.
Upon the filing of the special permit application with the SPGA,
the applicant shall simultaneously deliver copies of the full application
to the Select Board, the Building Commissioner, the Board of Health,
the Police Department, and the Fire Department.
A.
All signs associated with Firearms Businesses shall comply with Article VIII, Signs, of the Zoning Bylaw.
B.
All special permit applications for Firearms Businesses shall include
a proposed exterior sign package, which may be included as a condition
of issuance of the special permit.
D.
No graphics, symbols, or images of Firearms, Ammunition, or Firearm
Accessories shall be displayed or clearly visible from the exterior
of a Firearms Business. No exterior display of Firearms Business product
or services is allowed.
A.
Firearms Businesses shall provide the Littleton Police Department,
Building Commissioner, and the SPGA with the names, phone numbers
and email addresses of all management staff and keyholders to whom
one can provide notice if there are operating problems associated
with the establishment; this information shall be updated when staff
of the Firearms Business changes.
B.
All Firearms Businesses shall submit a security plan to the Littleton Police Department for review and approval prior to submitting an application for a special permit in accordance with § 173-239B. The plan must include, but is not limited to, the following:
1)
Proposed provisions for security;
2)
The physical layout of the interior delineating all areas, including
but not limited to employee only access areas, storage, administrative,
and public access areas;
3)
After hours storage of all Firearms in locked containers or by otherwise
securing the Firearms with tamper-resistant mechanical locks; and
4)
The number of employees.
C.
No operator and/or employee of a Firearms Business shall have been
convicted of any felony under state or federal law.
D.
Trash dumpsters shall be locked and enclosed by a screening enclosure
so as not to be accessible to the public.
E.
The exterior grounds, including the parking lot and landscaped areas,
shall be lighted in such a manner that all areas are clearly visible
at all times during business hours; all light fixtures shall have
full cut off shields.
F.
The Firearms Business shall be equipped with, and the operators of
such Firearms Business shall maintain in working order at all times,
burglary/robbery alarms.
G.
A video surveillance system shall be installed and maintained which
shall monitor all parking lot areas, main building entrances and exits,
storage areas, and any and all transaction areas for the sale of merchandise.
1)
Firearms Businesses shall videotape the point-of-sale of all firearms
transactions and maintain videos for six months to deter illegal purchases
and monitor employees.
B.
Findings. In addition to determining compliance with the requirements
and conditions of this article and all other applicable sections of
the Zoning Bylaw, the SPGA in its review of any special permit application
for a Firearms Business shall find that the proposed Firearms Business:
1)
Meets all other applicable requirements of the Zoning Bylaw and the
permitting requirements of all applicable agencies of the Commonwealth
of Massachusetts and the Town, and will otherwise comply with all
applicable state and local laws and regulations;
2)
Is designed to minimize any adverse visual or economic impacts on
abutters and other parties in interest;
3)
Provides adequate security measures to ensure that no individual
participants will pose a threat to the health or safety of other individuals.
In making this determination the SPGA shall consider input from the
Littleton Police Department, if any; and
4)
Adequately addresses issues of vehicular and pedestrian traffic,
circulation, parking, and queuing, especially during peak periods
at the Firearms Business.
A.
A Firearms Business use shall be located in, and conduct all operations
and transactions within, an enclosed building; this shall not prohibit
operations involving the delivery or receiving of permitted goods
and products, which may involve transfer to or from a motor- vehicle
outside of an associated building.
B.
All publicly accessible entrances shall be visible from a public
way. The SPGA may impose conditions requiring that fencing or plantings
be installed along rear and side lot lines to screen the premises
from adjoining properties.
C.
Drive-through windows and/or any interactions or sales to customers
within vehicles are prohibited.
D.
The hours of operation of a Firearms Business shall be set by the
SPGA, but in no event shall a Firearms Business be open to the public,
performing deliveries, and/or otherwise operating before 8:00 a.m.
and after 9:00 p.m. There shall be no exemptions to the prohibited
hours of operation for emergencies.
E.
No person under the age of 18 shall be permitted on the premises
of the Firearms Business unless they are accompanied by a parent or
legal guardian.
F.
All Firearms Business uses shall conduct criminal background checks
for all employees in accordance with state law.
G.
A Firearms Business shall not sub-lease space from a tenant of any
building or structure and is prohibited from sub-leasing the Firearms
Business use space to another Firearms Business.
[Amended 11-1-2023 STM by Art. 18]
A.
A special permit for a Firearms Business is not transferrable upon
a sale, transfer, or assignment of the Firearms Business.
B.
If there is a change in the identity of the manager of the Firearms
Business, the SPGA, the Building Commissioner, and the Select Board
shall be notified of such change within 30 days. Failure to comply
with this provision shall be cause for revocation of the special permit
by the SPGA.
C.
A special permit for a Firearms Business shall be subject to revocation
by the SPGA for violating MGL c. 140, §§ 122B, 130,
or 131N, or similar laws in other states.
D.
Upon expiration or cancellation of the policy of insurance required by § 173-239D(11), and if no additional insurance is obtained, the special permit shall be subject to revocation by the SPGA.
E.
If a special permit is subject to revocation, the SPGA must send
written notice to the Firearms Business. The SPGA must hold a public
hearing at which the owner of the Firearms Business shall have an
opportunity to be heard.
Use of property as a Firearms Business shall necessarily be deemed a principal use for purposes of the Zoning Bylaw, and shall be permitted exclusively in accordance with this Article XXXII. No Firearms Business may be allowed within the Town on the basis that such use qualifies as a permissible accessory use.
The provisions of this article are severable. If any provision,
paragraph, sentence, or clause of this article, or the application
thereof to any person, establishment, or circumstances, shall be held
invalid, such invalidity shall not affect the other provisions or
application of this article or the Zoning Bylaw.
