Morgantown's proposed gun store zoning change nearing its final form

Ben Conley, The Dominion Post, Morgantown, W.Va.
·3 min read

Mar. 10—MORGANTOWN — Changes to planning and zoning code regulating where guns can be sold in the city of Morgantown could be before the Morgantown Planning Commission as soon as its April meeting.

During a brief Thursday work session, Development Services Director Rickie Yeager presented the body with a proposal defining a new "firearms retail establishment " use and restricting that use to B-5 (shopping center) by right and B-2 (service business) by conditional use, meaning it would need a vote and public hearing before the city's board of zoning appeals.

A "firearms retail establishment " will be any new establishment engaged in the sale, manufacture for sale, rent /lease, purchase or repair of firearms, ammunition and ammunition components, regardless if such activity constitutes all or just a small percentage of a business' activities.

Yeager's original definition was edited by the commission, which asked him to remove language including "hunting and shooting equipment and related accessories " before it comes back for a vote.

"I think the focus here was on guns and ammunition and I'm not sure we need to get beyond that, " Commissioner Bill Petros said.

The body also asked Yeager to further refine the definition of "firearm " out of concern that products like paintball guns or Airsoft guns could meet the definition presented Thursday.

The application for planning and zoning code changes came from Protect Morgantown, the community group that successfully pressured developer Hardy World to void a lease with firearms retailer Big Daddy Guns for The Deck development, at 1050 University Ave., which falls in a B-4, or general business, zoning district.

Protect Morgantown organizer Jodi Hollingshead said the group is pleased with the changes presented Thursday.

"I just want to thank you all so very much for your time on this, " she said. "We're so proud that we prevented Big Daddy Guns, but that's not the only fight we want to fight here ... We aim to create and maintain a city that's inviting to visitors and new businesses and I think this code does just that, in addition to preventing preventable deaths."

Morgantown City Council will be the body that ultimately votes up or down on the changes. The planning commission votes whether or not the proposal goes to council with its recommendation.

During the regular business portion of the meeting, the commission voted 4-2 to recommend approval of a zoning change for two parcels at the corner of Van Voorhis Road and Burroughs Street, from PRO (professional, residential and office) to B-2 (service business) "for the purpose of permitting restaurant or retail development."

The parcels are currently an empty two-acre field fronting on Van Voorhis and the Advantage Health and Wellness lot on the corner.

It was explained the applicants want the more permissive B-2 designation in light of the looming West Virginia Department of Highways widening project on Van Voorhis Road.

Commissioners Petros and William Blosser voted in the minority.