Agenda - Planning Commission - 03/02/1999

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Z.B. January 25, 1999 -- Page .5 use, but later allowed a local gun club to hold three rifle safety courses and four annual picnics at the range. Scheiber complained to the zoning administratoi' that the range violated zoning regulations, claiming the guns were fired in the general direction of his house and created a disturbance. ' " The zoning administrator found the Pikes' range didn't'violate any zoning regulations. Scheiber appealed to the zoning board, which affirmed the administrator's decision. Scheiber appealed to court. He claimed the range needed a zoning permit because it was a "land development," defined as the construction or change in use of a building or structure. He also claimed the r.ange was an accessory use that-needed a conditional.use permi't. Finally, he claimed the range needed a zoning permit because it was "private outdoor recreation," defined to include trap, skeet, and archery ranges. The court affirmed the zoning board's decision, finding the Pikes didn't need a zoning or conditional use permit because the range was a "private ac- cessory residential use." Scheiber appealed. DECISION: Affirmed. -' The Pikes didn't need a permit for their shooting range. The Pikes' shooting range wasn't a "land development" because it didn't 'involve any "structures" and didn't change the use of their land. The Pikes cut 10 trees and created an earthen backstop. The range also didn't need a condi- tional use permit. Conditional uses involved very substantial changes in land use, such as sand and gravel operations, junkyards, motels,'private clubs, retail stores, and office buildings. The trial court's use of the phrase "private accessory residential use" in- stead of "accessory use" showed that certain recreational activities, such as target shooting, were so incidental that zoning regulations r~either regulated nor contemplated them. Residential property use included more than using the house and grounds for food and shelter, it also included private religious, edu- cational, cultural, and recreational uses. Pursuing a hobby, such as shooting, was a customary recreational activity. The town chose to regulate trap and skeet shooting, but not target shooting. see also: Borough of Chatham v. Donaldson, 174 A.2d 213 (1961). Special Exception -- Religious organization wants to build church complex in residential area Citation: Metropolitan Dade CourtO, v. Dusseatt, Court of Appeal.of Florida, 3rd Dist., Nos. 98-1612 & 98-1611 (1998). University Baptist Church Inc. owned 19 acres of land in Florida. The property was zoned single-family, but churches were permitted by special exception.