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far less toxic than lead bullets. The transition
<br />to steel alternatives dates back to 1991 when
<br />federal wildlife authorities ordered steel pellets
<br />to replace lead birdshot in waterfowl hunting
<br />(Ravindran 2013). In 2013, California lawmak-
<br />ers passed a bill banning lead from bullets in
<br />order to protect condors, whose main cause of
<br />death is lead poisoning from ammunition and
<br />"gut piles" left behind by hunters who clean
<br />carcasses in the field (Bernstein 2013).
<br />PLANNING HELPS
<br />Good planning is often the key to ensuring that
<br />shooting ranges find locations that meet the
<br />demands of shooting sports enthusiasts while
<br />avoiding conflicts with other land uses. Plan-
<br />ners may benefit by getting out ahead of poten-
<br />tial conflicts in making a preliminary assess-
<br />ment of what sites might be acceptable and
<br />what areas should be excluded from consider-
<br />ation. Even if planners do not take the initiative
<br />to make preliminary site assessments, they will
<br />ultimately be required to react to development
<br />proposals. Site location is especially important
<br />when considering how to minimize adverse en-
<br />vironmental and noise impacts. The technical
<br />process of selecting an outdoor shooting range
<br />site involves screening a site's particular en-
<br />vironmental and engineering suitability. First,
<br />exclude clearly inappropriate sites, like those
<br />that require shooting over or into wetlands, wa-
<br />ter, and sensitive wildlife areas. Next, evaluate
<br />sites based on their environmental character-
<br />istics and consider soil type, topography, and
<br />drainage. Additional considerations include
<br />distance to sound -sensitive areas and natural
<br />features that minimize sound. The result could
<br />be a map of potentially suitable sites.
<br />FROM PLANNING TO APPROVAL
<br />Local governments have choices when it comes
<br />to how much discretion to exercise in the land -
<br />use approval process for shooting ranges. There
<br />is no constitutional right to have a place to
<br />shoot and thus no heightened scrutiny in any
<br />review as you might have with a First Amend-
<br />ment free speech or free exercise of religion land
<br />use. For shooting ranges, you have no greater
<br />burden than the usual rational relationship —as
<br />you might have for a car wash or funeral home.
<br />Because ranges involve a number of site -spe-
<br />cific issues and the potential for serious off -site
<br />impacts, few communities permit these uses
<br />as -of -right in any zoning district.
<br />More commonly, local governments
<br />permit shooting ranges as conditional uses
<br />(sometimes called a special exception or spe-
<br />cial permit use) in one or more zoning districts,
<br />requiring approval through a discretionary site -
<br />specific review. This approach is appropriate
<br />for a use that might be fine in one location in a
<br />zone but not on another site in the same zone
<br />(e.g., near a school or cluster of homes). Condi-
<br />tions and review criteria for shooting ranges
<br />may address minimum land area, site design,
<br />lighting, sound limits, testing, hours of opera-
<br />tions, and the like.
<br />Given that there are numerous technical
<br />aspects of design, as noted above, expert testi-
<br />mony can be helpful in decision making. Some
<br />COMMUNITIES WITH USE SPECIFIC:
<br />STANDARDS FOR -SHOOTING RANGES'.
<br />• Blue Earth County, Mlinnesota ($zy
<br />303(1)) www.mumcodecom/Librai
<br />vision Law §Vi P) http // er tow
<br />g/ p n ent/uploads/2t)1 / 2
<br />/MN/Blue Earth aunty
<br />Cowlitz County, Washington (so.221
<br />etseq) www codepubLishing come
<br />cowlitzcoun
<br />Germantown, NewYork (Zoning&& Subd
<br />g man do
<br />.or _w co t'
<br />etl mantow(i Zonlhg one
<br />S/AdoptubdivisionGei•Law pdt
<br />Martin County,; Florida (Land De lopmer
<br />Regulations§§3 99 3 s91lf Www
<br />municode coh /Library/FL/Martin Court
<br />Pitt County, North CraIrolina (Plancningn&
<br />Development"Servi es Ordiiane, No 9
<br />www pittcountync gov/bcc/ortltnance
<br />/planning/9 pdf
<br />r �
<br />Texarkana, Arkansas ( 28is(c)) ww`
<br />municode cam/Library%AR/ ex rkana
<br />states allow local governments to require that
<br />applicants pay for the cost of expert review.
<br />Performance standards and periodic reports
<br />on operations may help prevent adverse off -
<br />site impacts.
<br />Communities looking for additional
<br />discretion in the approval process may con-
<br />sider adopting an overlay district with special
<br />development or performance standards for
<br />shooting ranges. This overlay may be mapped
<br />to specific areas of the jurisdiction at the time
<br />of initial adoption, or it may be a floating over-
<br />lay, meaning it is only mapped in coordination
<br />with local legislative body approval of a rezon-
<br />ing application for a particular parcel.
<br />Some communities exercise maximum
<br />discretion by requiring potential range own-
<br />ers or operators to apply for a base -district
<br />rezoning to a special or planned development
<br />district. For example, Fort Worth, Texas, uses
<br />this approach for shooting ranges (§4-3o5•C•3)•
<br />Requiring special or planned development
<br />district approval has a number of advantages
<br />for all concerned.
<br />Because this approach involves a legisla-
<br />tive map amendment, it is easier for the local
<br />government to defend its decision. In most
<br />states the procedural due process require-
<br />ment for legislative actions is less than that
<br />for an administrative action, such as a condi-
<br />tional use, or a quasi-judicial action, such as
<br />a variance.
<br />The applicant provides a conceptual site
<br />plan with the map amendment petition, which
<br />allows both the government and the neighbors
<br />to review and suggest modifications to the
<br />project. Because the extent of engineering and
<br />design for the conceptual site plan is quite
<br />limited, the applicant may be more willing to
<br />adjust the plan in order to secure approval.
<br />Once the conceptual site plan is ready
<br />for approval and all of the modifications that
<br />are needed by the stakeholders have been
<br />incorporated, the floating zone is approved to
<br />descend. and apply to the site. At this point the
<br />applicant has a vested right in the map change
<br />and approved conceptual plan and can then
<br />finance the expensive final engineering and
<br />architectural design. In most cases, the details
<br />of the plan become the standards for that par-
<br />ticular special development district.
<br />Once a site has been approved, local
<br />planners need to consider what conditions
<br />might be placed on the approval to maintain
<br />the range so that it can peacefully exist within
<br />a community. The state of Florida recommends
<br />that range operators develop a community
<br />relations plan, which describes exactly how
<br />positive relationships with the surrounding
<br />neighborhoods and communities will be estab-
<br />lished and maintained (Florida DEP 2004). A
<br />key component of this plan should be a noise
<br />management plan that describes exactly how
<br />the impacts of sound and noise potential will
<br />be addressed and mitigated.
<br />Finally, planners and local officials may
<br />wish to require an environmental plan, which
<br />can help evaluate current lead deposits and
<br />address cleanup, containment, and recycling
<br />issues (Cotter 2003). The plan should delineate
<br />exactly what combination of practices will be
<br />ZONING PRACTICE 12.13
<br />AMERICAN PLANNING ASSOCIATION Wage 6
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