Agenda - Planning Commission - 04/06/2017

Home

Zoning Bulletin March 10, 2017 I Volume 11 I Issue 5 tion and operation of firing ranges to address genuine risks to public health and safety." The City could, said the court, set rules about where firing ranges may locate, but it must do so with justification. For example, noted the court, "[a] dif- ferent combination of zoning rules —say, a more permissive zoning classification and a less restrictive buffer -zone rule —may well be justified, if carefiuly drafted to serve actual public interests while at the same time making commercial firing ranges practicable in the [C]ity. " Case Note: The case also addressed a non -zoning issue of whether regulations barring anyone under age 18 from entering a shooting range violated the Second Amendment. The court found that the City's such regulation did violate the Second Amendment. The court held that older adolescents and teens had a Second Amendment right to receive adult -supervised fireamn instruction in a controlled setting, even if those minors lacked the general right to purchase or possess firearms. The court fiirther fou nd that the public safety benefits that the City had relied on in defending that age restriction could be addressed by existing environmental regulations and by more closely tailoring age restrictions so that the right of older adolescents and teens to obtain firearm training is not "completely extinguished." Public and low-income housing - After executive agency fails to promulgate valid rules regarding municipality fair housing obligations, municipalities seek declaration of obligation from courts Municipalities contend they have no obligation for housing needs arising during sixteen -year gap period without agency rules Citation: In re Declaratory Judgment Actions Filed By Various Municipalities, 2017 WL 192895 (N.J. 2017) NEW JERSEY (01/18/17)—This case addressed the issue of whether © 2017 Thomson Reuters 5