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Tenafly City Zoning Code

§ 35-805.11

Retail Firearm Sales.

[Added 11-9-2021 by Ord. No. 21-21]
a. 
Retail firearms sale may be permitted as a conditional use in the C, Commercial District, B-1, Business District, B-2, Business District, M-I, Industrial District, or SR/B, Senior Residence/Business District, provided the standards of Subsection 35-802.6, Requirements to Be Met on Lot and Within Zone District, are met within the coordinating zone requested and subject to the following conditions:
1. 
The subject, conditionally zoned premise is not within a 1,000-foot radius of any building housing one or more of the following:
(a) 
Nursery schools or preschools;
(b) 
Public or private elementary, middle and high schools;
(c) 
Child, adult or special needs day-care centers;
(d) 
Assisted-living facilities and/or nursing homes;
(e) 
Community housing for developmentally disabled and/or differently abled residents;
(f) 
Shelters for victims of domestic violence and/or sexual abuse;
(g) 
Funeral homes;
(h) 
Municipal passive and active open space facilities;
(i) 
Other gun and firearm dealers; or
(j) 
Establishments in which alcoholic beverage are sold for consumption on the premises.
2. 
That the applicant possesses, in current form, all of the firearm dealer licenses required by federal and state law;
3. 
That the applicant has been informed that, in addition to a conditional use permit, the applicant is required to obtain a firearms dealer license issued by the State of New Jersey before any sale activity can commence, and that information regarding how such license may be obtained has been provided to the applicant;
4. 
That the subject premises is in full compliance with the requirements of the Borough of Tenafly applicable building codes, fire code, and other technical codes and regulations which govern the use, occupancy, maintenance, safety, construction, and/or design of the building or structure; and
5. 
That the applicant has provided sufficient detail regarding the intended compliance with the relevant federal and New Jersey laws and rules for building security and for the safe storage and handling of firearms and ammunition to be stored, sold, traded, promulgated, advertised, and/or disposed of at the subject place of business.
b. 
Retail firearms sale may be permitted as a conditional use in the CA-C Commercial Antenna Compost District, provided the standards of Subsection 35-802.6, Requirements to Be Met on Lot and Within Zone District, are met within the coordinating zone requested and subject to the following conditions:
1. 
The subject, conditionally zoned premise shall be surrounded by a perimeter buffer consisting of plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located;
2. 
That the applicant possesses, in current form, all of the firearm dealer licenses required by federal and state law;
3. 
That the applicant has been informed that, in addition to a conditional use permit, the applicant is required to obtain a firearms dealer license issued by the State of New Jersey before any sale activity can commence, and that information regarding how such license may be obtained has been provided to the applicant;
4. 
That the subject premises is in full compliance with the requirements of the Borough of Tenafly applicable building codes, fire code, and other technical codes and regulations which govern the use, occupancy, maintenance, safety, construction, and/or design of the building or structure; and
5. 
That the applicant has provided sufficient detail regarding the intended compliance with the relevant federal and New Jersey laws and rules for building security and for the safe storage and handling of firearms and ammunition to be stored, sold, traded, promulgated, advertised, and/or disposed of at the subject place of business.