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Hearing officer urges council to approve zoning change to align home-based firearms businesses with state law
Summary
At a Feb. 19 public hearing in Huachuca City, Hearing Officer Dr. Johnson read proposed edits to Section 18.100.210D(1) to clarify prohibited home-based businesses involving explosives and "prohibited weapons" as defined by ARS 13-3101; there were no written or in-person public comments and the officer recommended the amendment be sent to council for final reading.
Huachuca City’s hearing officer, Dr. Johnson, recommended that the Town Council adopt a proposed text amendment to Section 18.100.210 D(1) of the town zoning code to align local rules with state law. At the Feb. 19 public hearing in Council Chambers, Dr. Johnson said the amendment "is necessary to align the town code section 18.100.210 D (1) with state law concerning firearm related home based businesses and to further clarify what is prohibited."
Dr. Johnson read the proposed wording that limits "the operation of a home based business involving the sale, mail order, trade, manufacture, display, storage or repair of any sort of explosive or improvised explosive device, and or prohibited weapons, as defined under ARS Section 13-3101." He told the room that the notice of the public hearing had been posted at appropriate locations and on the town’s Facebook page and that an ongoing citizen review process had been open since Feb. 5. No written comments had been submitted, he said, and no members of the public attended the hearing in person.
The hearing officer made a formal recommendation to the Council to approve the amendment "as written" and said the recommendation "will be sent on to the Council for them to make the final reading." The record does not include a council vote or final action; the amendment remains before the Town Council pending their final reading.
The proposed change specifically references ARS Section 13-3101 as the statutory definition for "prohibited weapons," per the amendment language read at the hearing. The next procedural step is the Council's final reading and any vote at a future council meeting.
