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4. City Code Amendment-Paintball Courses and Gun Ranges0 CITY OF CHANAASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: August 8, 2011 Orl, SUBJ: City Code Amendment - Chapters 11 and 20 Paintball Courses and Gun Ranges PROPOSED MOTION "The Chanhassen City Council approves the attached ordinance amending Chapters 11 and 20 of the Chanhassen City Code regulating gun ranges and paintball courses, and approval of the attached summary ordinance for publication purposes." City Council approval requires a simple majority vote of the City Council present. City Council approval of the summary ordinance requires a 4/5 vote of the City Council. EXECUTIVE SUMMARY The City is amending the City Code to allow paintball courses and gun ranges within the community. The proposed amendment would revise Chapter 11 to permit the discharge of firearms at City approved paintball facilities or gun ranges; and revise Chapter 20 to provide standards for paintball courses and gun ranges, allow outdoor paintball courses as a Interim Use in the Agricultural Estate District, allow indoor paintball courses as a Conditional Use in the Community Commercial and Industrial Office Park District, allow indoor gun range as a Conditional Use accessory to a sporting goods store in the Community Commercial District and as a Conditional Use in the Industrial Office Park District. PLANNING COMMISSION SUMMARY Public Works A public hearing was held on July 19, 2011 to review the proposed code 7901 Park Place Phone: 952.227.13 amendment. The Chanhassen Planning Commission voted unanimously, 7 — 0, to Fax: 952.227.1310 recommend that the City Council approve the attached ordinance amending Chapter 11, Miscellaneous Provisions and Offenses, and Chapter 20, Zoning, pertaining to Senior Center gun ranges and paintball courses. It was noted that the sunset day for outdoor Phone: 952.227.1125 paintball courses would be project specific and determined as part of the review of Fax: 952.227.1110 the Interim Use Permit, but generally would be related to the development of the Web Site area or if there was an increase in complaints or nuisances due to the use and its www.ci.chanhassen.mn.us proximity to surrounding development. The July 19, 2011 Planning Commission minutes are item 1 a of the City Council packet. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt August 8, 2011 Page 2 RECOMMENDATION Staff recommends adoption of an ordinance amending the Chanhassen City Code Chapter 11, Miscellaneous Provisions and Offenses, and Chapter 20, Zoning, pertaining to gun ranges and paintball courses. ATTACHMENTS 1. Ordinance Amending Chapters 11 and 20 of the City Code concerning Gun Ranges and Paintball Courses. 2. Summary Ordinance. 3. Planning Commission Staff Report dated July 19, 2011 g: \plan \city code\201 1 \2011-09 chapter 20 paintball courses and shooting ranges \executive summary.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, MISCELLANEOUS PROVISIONS AND OFFENSES AND CHAPTER 20, ZONING, CHANHASSEN CITY CODE, CONCERNING GUN RANGES AND PAINTBALL COURSES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 11 -2(b) of the Chanhassen City Code is hereby amended to read as follows: (b) Use of firearms. The shooting of firearms without a permit issued by the city is prohibited except under the following circumstances, unless otherwise prohibited by state or federal law is a : (1) By law enforcement officers in the line of duty or military personnel in the line of duty. (2) By any person to resist or prevent an offense which that person reasonably believes exposes himself or another to great bodily harm or death. (3) By any person for firing blanks used solely for timing of athletic events. (4) By any person while participating as an enrolled pupil in an approved firearms safety course, under the direct supervision of the course instructor. (5) By a certified firearms safety training instructor while participating in an approved firearms safety course. (6) By any person slaughtering farm animals which they own or with the owner's permission. (7) By any person while participating in an activity at a City approved paintball course and only with a compliant firearm. (8) By any person at a City approved gun range and consistent with City ordinances and State and Federal gun laws and regulations. Section 2 . The Chanhassen City Code is amended by adding section 20 -263.5 to read as follows: Paintball Courses (1) All paintball course users shall wear protective gear, which shall include at a minimum a helmet and goggle. (2) Barrel plugs shall be required to be used on all paintball guns off the playing field. (3) Paintball gun projectile velocity shall be limited to 280 fps. (4) A chronograph shall be required on -site to measure projectile velocity. (5) The operating standards shall include a minimum of one field observer /referee per utilized paintball course; pre -use safety briefings and equipment inspection. (6) Each paintball facility shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all course users to study and use. (7) Paintball facilities and courses shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and /or a change in policy ownership. Said policy shall be available for inspection by the city manager and /or his/her assigns at all times. (8) Paintballs shall be made of non - toxic, non - caustic, water - soluble and biodegradable material. (9) The minimum site for outdoor facilities shall be 20 acres. (10) Outdoor paintball facilities shall be separated from off -site structures and /or residences. The outdoor paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. (11) Outdoor paintball facilities shall be screened from neighboring homes. (12) Alcohol use or consumption on site is prohibited. (13) The hours of operation for outdoor facilities shall be limited to daylight hours. (14) Retail sales and rental shall be limited to paintball- related material and equipment with maximum display area of 20 percent of the building floor area. Section 3 . The Chanhassen City Code is amended by adding section 20 -298.5 to read as follows: Gun Range, Indoor (1) The gun range shall not be located on any lot adjacent to an existing residential district. (2) The gun range when established shall not be located within one thousand (1,000) lineal feet, measured from building to building, of an establishment licensed to dispense N intoxicating or non - intoxicating liquor. Indoor gun ranges shall not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or dispenses non - intoxicating or intoxicating liquors. (3) The use, occupancy and construction of the building shall conform to the Minnesota State Building Code. (4) The building and method of operation shall comply with Minnesota Statutes Chapter 87A. (5) The building and method of operation shall conform to the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. (6) The design and construction of the gun range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the gun range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. (7) No ammunition shall be used in the range that exceeds the certified design and construction specifications of the gun range. (8) Firearms shall not be stored on the premises when the range is closed for business, unless they are stored in an acceptable gun safe or other secure locking device. (9) On -site supervision shall be supplied at all times by an adult who is an experienced range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. (10) Each range shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all range users to study and use. (11) The range operator shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and /or a change in policy ownership. Said policy shall be available for inspection by the city manager and /or his/her assigns at all times. (12) On site instruction shall be given only by Firearms Instructors certified within the prior five years by an organization or government entity that has been approved by the Minnesota Department of Public Safety. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection. (13) An outside security plan for the general grounds shall be submitted to the city for review and approval. (14) The transport of firearms on the premises, to the premises, and from the premises shall conform to State Law. (15) Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. (16) In the Industrial Office Park District, retail sales and rental shall be limited to gun- related material and equipment with a maximum display area of 20 percent of the floor area. Section 4 . The Chanhassen City Code is amended by adding section 20 -306.5 to read as follows: Paintball Course (1) All paintball course users shall wear protective gear, which shall include at a minimum a helmet and goggle. (2) Barrel plugs shall be required to be used on all paintball guns off the playing field. (3) Paintball gun projectile velocity shall be limited to 280 fps. (4) A chronograph shall be required on -site to measure projectile velocity. (5) The operating standards shall include a minimum of one field observer /referee per utilized paintball course; pre -use safety briefings and equipment inspection. (6) Each paintball facility shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all course users to study and use. (7) Paintball facilities and courses shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and/or a change in policy ownership. Said policy shall be available for inspection by the city manager and /or his/her assigns at all times. (8) Paintballs shall be made of non - toxic, non - caustic, water - soluble and biodegradable material. (9) The minimum site for outdoor facilities shall be 20 acres. (10) Outdoor paintball facilities shall be separated from off -site structures and /or residences. The outdoor paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. (11) Outdoor paintball facilities shall be screened from neighboring homes. (12) Alcohol use or consumption on site is prohibited. L, (13) The hours of operation for outdoor facilities shall be limited to daylight hours. (14) Retail sales and rental shall be limited to paintball- related material and equipment with maximum display area of 20 percent of the building floor area. Section 5. Section 20 -576 of the Chanhassen City Code is amended to read as follows: Interim uses. The following are interim uses in the "A -2" District: (1) Reserved. (2) Mineral extraction. (3) Reserved Paintball Courses, Outdoor. (4) Manufactured homes (compliance with section 20 -905 is not required). (5) Bed and breakfast establishments. (6) Commercial kennels, stables and riding academies. (7) Wholesale nurseries. (8) Golf driving ranges with or without miniature golf courses. (9) Petting farms. Section 6. Section 20 -744 of the Chanhassen City Code is amended to read as follows: Conditional uses. Gun Range, Indoor (only in conjunction with and accessory to a sporting goods store). Paintball Course, Indoor. Screened outdoor storage. Section 7. Section 20 -814 of the Chanhassen City Code is amended to read as follows: Conditional uses. The following are conditional uses in an "IOP" district: (1) Contracting yards. (2) Day care centers as part of a multi- tenant building. E (3) Day care centers as a separate facility. (4) Food processing. (5) Gun Range, indoor. (25 6) Home improvement trades. (6 7) Hotels and motels. (7 8) Lumber yards. (8 9) Motor freight terminals. (9 10) Outdoor health and recreation clubs. (4 -011) Screened outdoor storage. (12) Paintball Course, Indoor (x-1-13) Research laboratories. (4-2 14) Reserved. (4-3-15) Commercial towers as regulated by article XXX of this chapter. (4-4 16) Electrical distribution and underground electric distribution substations. Section 8. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 2011, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on C1l CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. , CHAPTER 11 OF THE CHANHASSEN CITY CODE, MISCELLANEOUS PROVISIONS AND OFFENSES AND CHAPTER 20 OF THE CHANHASSEN CITY CODE, ZONING. This code amendment revises Chapter 11 to permit the discharge of firearms at City approved paintball facilities or gun ranges; and revises Chapter 20 to provide conditional use permit standards for paintball courses and gun ranges, allows outdoor paintball courses as a Interim Use in the Agricultural Estate District, allows indoor paintball courses as a Conditional Use in the Community Commercial and Industrial Office Park District, allows indoor gun range as a Conditional Use accessory to a sporting goods store in the Community Commercial District and as a Conditional Use in the Industrial Office Park District. A printed copy of Ordinance No. is available for inspection by any person during regular office hours at the office of the City Manager /Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 8 1h day of August, 2011, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN :_ Thomas A. Furlong, Mayor Todd Gerhardt, City Manager /Clerk (Published in the Chanhassen Villager on 0 V�w MEMORANDUM CITY OF TO: Planning Commission CHMNSEN FROM: Robert Generous, AICP 7700 Market Boulevard DATE: July 19, 2011 PO Box 147 0&(,, Chanhassen, MN 55317 SUBJ City Code Amendment ✓ Chapter 20, Zoning Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council adopt the attached ordinance amending Chapters 11 and 20 of the Chanhassen City Code regulating gun ranges and paintball courses." BACKGROUND On April 5, 2011, staff presented background information on paintball facilities and was directed to continue researching the topic. On June 7, 2011, staff presented additional background information and made preliminary suggestions on how the code should be amended. The Planning Commission directed staff to prepare the changes for City Code. City staff has also contacted other local communities with indoor gun ranges to determine how they are regulated. These ranges were approved as part of larger projects and did not have specific approval criteria. The City defines firearms as follows: Firearm means any gun, pistol, rifle, shotgun, B -B gun, pellet gun, bow, or any device capable of discharging arrows, slugs, or blanks, metal projectiles or paint. Minnesota Statutes Chapter 87A provides minimal guidelines for gun ranges. They do direct the commissioner to formulate shooting range performance standards. Staff was unable to locate any approved standards, but the Chapter does specify that the interim standards shall be those in the National Rifle Association's Range Source Book: A Guide to Planning and Construction. The National Rifle Association Range Source Book provides guidelines for planning, designing, constructing, and maintaining shooting range facilities. According to the source book, each range should have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all range users to study and use. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission July 19, 2011 Page 2 The source book recommends that shooting ranges establish rules and regulations that are tailored to its needs. They should include: 1. Gun handling rules; 2. General range rules; 3. Regulations on the type of firearm, shooting activity, caliber, shot size, or type of target to ensure range safety; and 4. Administrative regulations regarding target supplies, target frame materials, security and equipment usage, along with buildings and grounds maintenance as necessary for safe and efficient range operations. The source book states gun handling rules should always appear first in the safety plan and be prominently displayed at the shooting range. At a minimum, the plan should include the following safety rules: 1. Always keep the gun pointed in a safe direction. 2. Always keep your finger off the trigger until ready to shoot. 3. Always keep the action open and firearm unloaded until ready to use. 4. Know your target and what is beyond. 5. Be sure the gun is safe to operate. 6. Know how to use the gun safely. 7. Use only the correct ammunition for the gun. 8. Never use alcohol or drugs before shooting. 9. Store guns so they are not accessible to unauthorized persons. 10. Be aware that certain types of guns and many shooting activities require additional safety precautions. A shooting range, regardless of size, location or design, should incorporate, at a minimum, the following general range rules. 1. Know and obey all range commands. 2. Know where others are at all times. 3. Shoot only at authorized targets. 4. Ground level targets are not authorized without a proper backstop. 5. Designate a range officer when none is present or assigned. 6. Unload, open the action, remove the magazine and ground and/or bench all firearms during a cease -fire. 7. Do not handle any firearm or stand at the firing line where firearms are present while others are down range. 8. Always keep the muzzle pointed at the backstop or bullet trap. Staff is recommending approval of the following changes to the City Code. Planning Commission July 19, 2011 Page 3 ANALYSIS Issue: Currently, the city does not permit paintball courses or gun ranges. Section 11 -2 of the Chanhassen City Code prohibits the discharge of a firearm within the city except as specifically allowed by code. None of the zoning districts permit a paintball course or gun range. The sunset date for an interim use is determined as part of the public hearing process. Generally, the termination of the permit is related to the change in the uses of the land and surrounding properties. Examples include the subdivision of the land on which the project is located; the extension of urban services to the area on which the project is located; or the development of the surrounding area with residential units at a suburban density of development. PROPOSED CHANGES: In order to allow paintball courses or gun ranges, the following sections of the Chanhassen City Code must be amended: Section 11 -2 (b) (7) and (8): Provide exception for use of firearms at city approved paintball courses and gun ranges. Sec. 11 -2. - Firearms. (a) Prohibition. The shooting of firearms is prohibited except as provided in this section. (b) Use of firearms. The shooting of firearms without a permit issued by the city is prohibited except under the following circumstances, unless otherwise prohibited by state or federal law is a : (1) By law enforcement officers in the line of duty or military personnel in the line of duty. (2) By any person to resist or prevent an offense which that person reasonably believes exposes himself or another to great bodily harm or death. (3) By any person for firing blanks used solely for timing of athletic events. (4) By any person while participating as an enrolled pupil in an approved firearms safety course, under the direct supervision of the course instructor. (5) By a certified firearms safety training instructor while participating in an approved firearms safety course. (6) By any person slaughtering farm animals which they own or with the owner's permission. (7) By any person while participating in an activity at a City approved paintball course and only with a compliant firearm. Planning Commission July 19, 2011 Page 4 (8) By any person at a City approved gun range and consistent with City ordinances and State and Federal gun laws and regulations. (c) Use of bow and arrow by permit. A person may shoot a bow and arrow pursuant to a permit issued by the city under the following conditions, unless otherwise prohibited by state or federal law: (1) No bow may be discharged within 500 feet of any livestock, road, street, trail or building unless owned by that person or unless the person has the owner's written permission carried on his or her person. (2) No bow may be discharged except on parcels ten acres or larger in size or smaller parcels if the city manager or manager's designee determines that a bow can be discharged safely on such smaller parcel. (d) Use of shotgun by permit. A person may discharge a shotgun pursuant to a permit issued by the city on property designated on the city's "firearm shooting" map adopted by the city council. (e) Permit application and conditions. (1) Application for any permit required by this section shall be made on forms furnished by the city. The applicant shall furnish the information required by the application. A fee for the permit in the amount established in chapter 4 of the City Code shall be paid to the city. (2) No permit shall be issued for a period exceeding one year. (3) No permit shall be issued to any person under 16 years of age, unless the individual has been issued a valid firearms safety course completion certificate by the commissioner of natural resources pursuant to M.S. § 97.81. (f) Prohibitions. Except as specifically allowed in subsections (b), (c) and (d): (1) The shooting of a firearm is prohibited. (2) Shooting a firearm by any person under the age of 16 is prohibited except when accompanied by a parent, adult guardian or certified safety training instructor. Planning Commission July 19, 2011 Page 5 Chapter 20, Article IV, Division 3, Conditional Use Permit Standards for Agricultural and Residential Districts Section 20- 263.5: Add Paintball Courses. Paintball Courses (1) All paintball course users shall wear protective gear (International Paintball Players Association or American Society for Testing and Materials Standards), which shall include at a minimum a helmet and goggle. (2) Barrel plugs shall be required to be used on all paintball guns off the playing field. (3) Paintball gun projectile velocity shall be limited to 280 fps. (4) A chronograph shall be required on -site to measure projectile velocity. (5) The operating standards shall include a minimum of one field observer /referee per utilized paintball course; pre -use safety briefings and equipment inspection. (6) Each paintball facility shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all course users to study and use. (7) Paintball facilities and courses shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and /or a change in policy ownership. Said policy shall be available for inspection by the city manager and /or his/her assigns at all times. (8) Paintballs shall be made of non - toxic, non - caustic, water - soluble and biodegradable material. (9) The minimum site for outdoor facilities shall be 20 acres. (10) Outdoor paintball facilities shall be separated from off -site structures and /or residences. The outdoor paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. (11) Outdoor paintball facilities shall be screened from neighboring homes. (12) Alcohol use or consumption on site is prohibited. (13) The hours of operation for outdoor facilities shall be limited to daylight hours. Planning Commission July 19, 2011 Page 6 (14) Retail sales and rental shall be limited to paintball- related material and equipment with maximum display area of 20 percent of the building floor area. Chapter 20, Article IV, Division 4, Conditional Use Permit Standards for Business Office, Institutional and Industrial Districts: Section 20- 298.5: Add Gun Range, Indoor. Gun Range, Indoor (1) The gun range shall not be located on any lot adjacent to an existing residential district. (2) The gun range when established shall not be located within one thousand (1,000) lineal feet, measured from building to building, of an establishment licensed to dispense intoxicating or non - intoxicating liquor. Indoor gun ranges shall not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or dispenses non - intoxicating or intoxicating liquors. (3) The use, occupancy and construction of the building shall conform to the Minnesota State Building Code. (4) The building and method of operation shall comply with Minnesota Statutes Chapter 87A. (5) The building and method of operation shall conform to the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. (6) The design and construction of the gun range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the gun range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. (7) No ammunition shall be used in the range that exceeds the certified design and construction specifications of the gun range. (8) Firearms shall not be stored on the premises when the range is closed for business, unless they are stored in an acceptable gun safe or other secure locking device. (9) On -site supervision shall be supplied at all times by an adult who is an experienced range operator. The range operator shall be responsible for the conduct of their place of Planning Commission July 19, 2011 Page 7 business and the conditions of safety and order in the place of business and on the premises. (10) Each range shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all range users to study and use. (11) The range operator shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and/or a change in policy ownership. Said policy shall be available for inspection by the city manager and /or his/her assigns at all times. (12) On site instruction shall be given only by Firearms Instructors certified within the prior five years by an organization or government entity that has been approved by the Minnesota Department of Public Safety. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection. (13) An outside security plan for the general grounds shall be submitted to the city for review and approval. (14) The transport of firearms on the premises, to the premises, and from the premises shall conform to State Law. (15) Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. (16) In the Industrial Office Park District, retail sales and rental shall be limited to gun - related material and equipment with a maximum display area of 20 percent of the floor area. Section 20- 306.5: Add Paintball Course Paintball Course (1) All paintball course users shall wear protective gear, which shall include at a minimum a helmet and goggle. (2) Barrel plugs shall be required to be used on all paintball guns off the playing field. (3) Paintball gun projectile velocity shall be limited to 280 fps. (4) A chronograph shall be required on -site to measure projectile velocity. Planning Commission July 19, 2011 Page 8 (5) The operating standards shall include a minimum of one field observer /referee per utilized paintball course; pre -use safety briefings and equipment inspection. (6) Each paintball facility shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all course users to study and use. (7) Paintball facilities and courses shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and /or a change in policy ownership. Said policy shall be available for inspection by the city manager and/or his/her assigns at all times. (8) Paintballs shall be made of non - toxic, non - caustic, water - soluble and biodegradable material. (9) The minimum site for outdoor facilities shall be 20 acres. (10) Outdoor paintball facilities shall be separated from off -site structures and /or residences. The outdoor paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. (11) Outdoor paintball facilities shall be screened from neighboring homes. (12) Alcohol use or consumption on site is prohibited. (13) The hours of operation for outdoor facilities shall be limited to daylight hours. (14) Retail sales and rental shall be limited to paintball- related material and equipment with maximum display area of 20 percent of the building floor area. Chapter 20, Article X, "A -2" Agricultural Estate District Section 20 -576: Add Outdoor Paintball Courses as an interim use. Sec. 20 -576. - Interim uses. The following are interim uses in the "A -2" District: (1) Reserved. (2) Mineral extraction. (3) Resen Paintball Courses, Outdoor. Planning Commission July 19, 2011 Page 9 (4) Manufactured homes (compliance with section 20 -905 is not required). (5) Bed and breakfast establishments. (6) Commercial kennels, stables and riding academies. (7) Wholesale nurseries. (8) Golf driving ranges with or without miniature golf courses. (9) Petting farms. Chapter 20, Article XVIII -A, "CC" Community Commercial District Section 20 -744 : Add indoor gun range and indoor paintball course as conditional uses. Note gun range shall be accessory to and in conjunction with a gun or sporting goods store. Sec. 20 -744. - Conditional use. Gun Range, Indoor (only in conjunction with and accessory to a sporting goods store). Paintball Course, Indoor. Screened outdoor storage. Chapter 20, Article XXII, "IOP" Industrial Office Park District Section 20 -814: Add indoor gun range and indoor paintball course as conditional use. Sec. 20 -814. - Conditional uses. The following are conditional uses in an "IOP" district: (1) Contracting yards. (2) Day care centers as part of a multi- tenant building. (3) Day care centers as a separate facility. (4) Food processing. (5) Gun Range, indoor. (5 6) Home improvement trades. Planning Commission July 19, 2011 Page 10 (6-7) Hotels and motels. (7 8) Lumber yards. (9 9) Motor freight terminals. (910) Outdoor health and recreation clubs. (4 -011) Screened outdoor storage. (12) Paintball Course, Indoor (44 13) Research laboratories. (1-214) Reserved. (4-3 15) Commercial towers as regulated by article XXX of this chapter. (4 -416) Electrical distribution and underground electric distribution substations. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the attached ordinance amending Chapter 11 Miscellaneous Provisions and Offenses, and Chapter 20 Zoning of the Chanhassen City Code pertaining to gun ranges and paintball courses. ATTACHMENTS 1. Ordinance Amending Chapter 11 Miscellaneous Provisions and Offenses, and Chapter 20, Zoning. 2. Minnesota Statutes 87A. g: \plan \city code\201 1\2011-09 chapter 20 paintball courses and shooting ranges \pc memo 7 -19 -1 Ldoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, MISCELLANEOUS PROVISIONS AND OFFENSES AND CHAPTER 20, ZONING, CHANHASSEN CITY CODE, CONCERNING GUN RANGES AND PAINTBALL COURSES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 11 -2(b) of the Chanhassen City Code is hereby amended to read as follows: (b) Use offirearms. The shooting of firearms without a permit issued by the city is prohibited except under the following circumstances, unless otherwise prohibited by state or federal law is al : (1) By law enforcement officers in the line of duty or military personnel in the line of duty. (2) By any person to resist or prevent an offense which that person reasonably believes exposes himself or another to great bodily harm or death. (3) By any person for firing blanks used solely for timing of athletic events. (4) By any person while participating as an enrolled pupil in an approved firearms safety course, under the direct supervision of the course instructor. (5) By a certified firearms safety training instructor while participating in an approved firearms safety course. (6) By any person slaughtering farm animals which they own or with the owner's permission. (7) By any person while participating in an activity at a City approved paintball course and only with a compliant firearm. (8) By any person at a City approved gun range and consistent with City ordinances and State and Federal gun laws and regulations. Section 2 . The Chanhassen City Code is amended by adding section 20 -263.5 to read as follows: Paintball Courses (1) All paintball course users shall wear protective gear, which shall include at a minimum a helmet and goggle. (2) Barrel plugs shall be required to be used on all paintball guns off the playing field. (3) Paintball gun projectile velocity shall be limited to 280 fps. (4) A chronograph shall be required on -site to measure projectile velocity. (5) The operating standards shall include a minimum of one field observer /referee per utilized paintball course; pre -use safety briefings and equipment inspection. (6) Each paintball facility shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all course users to study and use. (7) Paintball facilities and courses shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and /or a change in policy ownership. Said policy shall be available for inspection by the city manager and /or his/her assigns at all times. (8) Paintballs shall be made of non - toxic, non - caustic, water - soluble and biodegradable material. (9) The minimum site for outdoor facilities shall be 20 acres. (10) Outdoor paintball facilities shall be separated from off -site structures and/or residences. The outdoor paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. (11) Outdoor paintball facilities shall be screened from neighboring homes. (12) Alcohol use or consumption on site is prohibited. (13) The hours of operation for outdoor facilities shall be limited to daylight hours. (14) Retail sales and rental shall be limited to paintball- related material and equipment with maximum display area of 20 percent of the building floor area. Section 3 . The Chanhassen City Code is amended by adding section 20 -298.5 to read as follows: Gun Range, Indoor (1) The gun range shall not be located on any lot adjacent to an existing residential district. (2) The gun range when established shall not be located within one thousand (1,000) lineal feet, measured from building to building, of an establishment licensed to dispense intoxicating or non - intoxicating liquor. Indoor gun ranges shall not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or dispenses non - intoxicating or intoxicating liquors. (3) The use, occupancy and construction of the building shall conform to the Minnesota State Building Code. (4) The building and method of operation shall comply with Minnesota Statutes Chapter 87A. (5) The building and method of operation shall conform to the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. (6) The design and construction of the gun range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the gun range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. (7) No ammunition shall be used in the range that exceeds the certified design and construction specifications of the gun range. (8) Firearms shall not be stored on the premises when the range is closed for business, unless they are stored in an acceptable gun safe or other secure locking device. (9) On -site supervision shall be supplied at all times by an adult who is an experienced range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. (10) Each range shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all range users to study and use. (11) The range operator shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and /or a change in policy ownership. Said policy shall be available for inspection by the city manager and /or his/her assigns at all times. (12) On site instruction shall be given only by Firearms Instructors certified within the prior five years by an organization or government entity that has been approved by the Minnesota Department of Public Safety. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection. (13) An outside security plan for the general grounds shall be submitted to the city for review and approval. (14) The transport of firearms on the premises, to the premises, and from the premises shall conform to State Law. (15) Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. (16) In the Industrial Office Park District, retail sales and rental shall be limited to gun- related material and equipment with a maximum display area of 20 percent of the floor area. Section 4 . The Chanhassen City Code is amended by adding section 20 -306.5 to read as follows: Paintball Course (1) All paintball course users shall wear protective gear, which shall include at a minimum a helmet and goggle. (2) Barrel plugs shall be required to be used on all paintball guns off the playing field. (3) Paintball gun projectile velocity shall be limited to 280 fps. (4) A chronograph shall be required on -site to measure projectile velocity. (5) The operating standards shall include a minimum of one field observer /referee per utilized paintball course; pre -use safety briefings and equipment inspection. (6) Each paintball facility shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all course users to study and use. (7) Paintball facilities and courses shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and /or a change in policy ownership. Said policy shall be available for inspection by the city manager and /or his/her assigns at all times. (8) Paintballs shall be made of non - toxic, non - caustic, water - soluble and biodegradable material. (9) The minimum site for outdoor facilities shall be 20 acres. (10) Outdoor paintball facilities shall be separated from off -site structures and /or residences. The outdoor paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. (11) Outdoor paintball facilities shall be screened from neighboring homes. (12) Alcohol use or consumption on site is prohibited. 11 (13) The hours of operation for outdoor facilities shall be limited to daylight hours. (14) Retail sales and rental shall be limited to paintball- related material and equipment with maximum display area of 20 percent of the building floor area. Section 5. Section 20 -576 of the Chanhassen City Code is amended to read as follows: Interim uses. The following are interim uses in the "A -2" District: (1) Reserved. (2) Mineral extraction. (3) Resen Paintball Courses, Outdoor. (4) Manufactured homes (compliance with section 20 -905 is not required). (5) Bed and breakfast establishments. (6) Commercial kennels, stables and riding academies. (7) Wholesale nurseries. (8) Golf driving ranges with or without miniature golf courses. (9) Petting farms. Section 6. Section 20 -744 of the Chanhassen City Code is amended to read as follows: Conditional uses. Gun Range, Indoor (only in conjunction with and accessory to a sporting goods store). Paintball Course, Indoor. Screened outdoor storage. Section 7. Section 20 -814 of the Chanhassen City Code is amended to read as follows: Conditional uses. The following are conditional uses in an "IOP" district: (1) Contracting yards. (2) Day care centers as part of a multi - tenant building. 5 (3) Day care centers as a separate facility. (4) Food processing. (5) Gun Range, indoor. (25 6) Home improvement trades. (6 7) Hotels and motels. (7 8) Lumber yards. (-9 9) Motor freight terminals. (410) Outdoor health and recreation clubs. (4-0 11) Screened outdoor storage. (12) Paintball Course, Indoor (44.13) Research laboratories. (4-2 14) Reserved. (4-3 15) Commercial towers as regulated by article XXX of this chapter. (4.416) Electrical distribution and underground electric distribution substations. Section 8. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of , 2011, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) C� 87A.01, 2010 Minnesota Statutes 2010 Minnesota Statutes Page 1 of 1 87A.01 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to sections 87A.01 to 87A.08. Subd. 2. Person. "Person" means an individual, association, proprietorship, partnership, corporation, club, political subdivision, or other legal entity. Subd. 3. Shooting range or range. "Shooting range" or "range" means an area or facility designated or operated primarily for the use of firearms, as defined in section 97A.015, subdivision 19, or archery, and includes shooting preserves as described in section 97A.115 or any other Minnesota law. Subd. 4. Shooting range performance standards. "Shooting range performance standards" means those rules adopted by the commissioner of natural resources under section 87A.02 for the safe operation of shooting ranges. Subd. 5. Local unit of government. "Local unit of government" means a home rule charter or statutory city, county, town, or other political subdivision. History: 2005 c 105 s 1 bttns://www.revisor.mn.gov/. 6/1 6/2011 87A.02, 2010 Minnesota Statutes 201O Minnesota Statutes Page 1 of 1 87A.02 SHOOTING RANGE PERFORMANCE STANDARDS. Subdivision 1. Adoption of standards; review. (a) The commissioner of natural resources must develop and adopt shooting range performance standards, according to the expedited rulemaking process under section 14.389. The shooting range performance standards must provide for compliance with applicable noise standards under section 87A.05 and for the safe use of shooting ranges within their boundaries, including the containment of projectiles. (b) The shooting range performance standards must provide for the operation of shooting preserves within the boundaries of the preserve, including an exemption from any discharge distance limitations generally applicable to hunting on other land, when the shooting preserve is in compliance with all other applicable laws and is in operation on or before the effective date of the performance standards adopted under this section or prior to the development of any structure that would cause the preserve to be out of compliance with the discharge distance. (c) The commissioner must review the shooting range performance standards at least once every five years and revise them if necessary for the safe operation of shooting ranges. (d) In the adoption of any amendments to the shooting range performance standards adopted under paragraph (a), the commissioner shall follow all notice and public hearing requirements for the regular rule adoption process under sections 14.001 to 14.28. Subd. 2. Interim standards. Until the commissioner of natural resources adopts the shooting range performance standards under subdivision 1, paragraph (a), the November 1999 revised edition of the National Rifle Association's Range Source Book: A Guide to Planning and Construction shall serve as the interim shooting range performance standards, having the full effect of the shooting range performance standards for purposes of this chapter. The interim shooting range performance standards sunset and have no further effect under this chapter upon the effective date of the shooting range performance standards adopted under subdivision 1, paragraph (a). History: 2005 c 105 s 2 httns://www.revisor.mn-gov/statutes/?id=97A.02 6/16 /2011 87A.03, 2010 Minnesota Statutes 201Lo Minnesota Statutes Page 1 of 1 87A.03 COMPLIANT RANGES; AUTHORIZED ACTIVITIES. Subdivision 1. Authorized activities. A shooting range that operates in compliance with the shooting range performance standards must be permitted to do all of the following within its geographic boundaries, under the same or different ownership or occupancy, if done in accordance with shooting range performance standards: (1) operate the range and conduct activities involving the discharge of firearms; (2) expand or increase its membership or opportunities for public participation related to the primary activity as a shooting range; (3) make those repairs or improvements desirable to meet or exceed requirements of shooting range performance standards; (4) increase events and activities related to the primary activity as a shooting range; (5) conduct shooting activities and discharge firearms daily between 7:00 a.m. and 10:00 p.m. A local unit of government with zoning jurisdiction over a shooting range may extend the hours of operation by the issuance of a special or conditional use permit; and (6) acquire additional lands to be used for buffer zones or noise mitigation efforts or to otherwise comply with this chapter. Subd. 2. Nonconforming use. A shooting range that is a nonconforming use shall be allowed to conduct additional shooting activities within the range's lawful property boundaries as of the date the range became a nonconforming use, provided the shooting range remains in compliance with noise and shooting range performance standards under this chapter. Subd. 3. Compliance with other law. Nothing in this section exempts any newly constructed or remodeled building on a shooting range from compliance with fire safety, disability accessibility, elevator safety, bleacher safety, or other provisions of the State Building Code that have mandatory statewide application. History: 2005 c 56 s 1; 2005 c 105 s 3 httn-, 6/16/2011 87A.04, 2010 Minnesota Statutes 201O Minnesota Statutes Page 1 of 1 87A.04 MITIGATION AREA. (a) Except for those uses, developments, and structures in existence or for which approval has been granted by October 1, 2005, or as provided in paragraph (b), no change in use, new development, or construction of a structure shall be approved for any portion of property within 750 feet of the perimeter property line of an outdoor shooting range if the change in use, development, or construction would cause an outdoor shooting range in compliance with this chapter to become out of compliance. (b) A change in use, new development, or construction of a structure subject to this section may be approved if the person seeking the approval or, at the discretion of the governing body, the approving authority agrees to provide any mitigation required to keep the range in compliance with this chapter. The person requesting an approval subject to this section is responsible for providing documentation if no mitigation is required under this section. Failure to provide the documentation or any mitigation required under this section exempts the range from being found out of compliance with the shooting range performance and noise standards of this chapter with regard to the property responsible for the mitigation if the failure to provide the documentation or required mitigation is the sole basis for the range being out of compliance with the shooting range performance standards. Any action brought by the owner of the property against the range is subject to section 87A.06. With the permission of the range operator, any mitigation required under this section may be provided on the range property. History: 2005 c 105 s 4 httns://www.revisor-mn.gov/statutes/?id=97A.04 6/16/2011 87A.05, 2010 Minnesota Statutes 2oio Minnesota Statutes Page 1 of 1 87A.05 NOISE STANDARDS. Allowable noise levels for the operation of a shooting range are the levels determined by replacing the steady state noise L10 and L50 state standards for each period of time within each noise area's classification with a single Leq(h) standard for impulsive noise that is two dBA lower than that of the L10 level for steady state noise. The noise level .shall be measured outside of the range property at the location of the receiver's activity according to Minnesota Rules, parts 7030.0010 to 7030.0080, as in effect on May 28, 2005. For purposes of this section, " Leq(h)" means the energy level that is equivalent to a steady state level that contains the same amount of sound energy as the time varying sound level for a 60- minute time period. History: 2005 c 105 s 5 httns://www.revisor.mn.gov/statutes/?id=97A.05 6/1 6/2011 87A.06, 2010 Minnesota Statutes Page 1 of 1 201O Minnesota Statutes 87A.06 NUISANCE ACTIONS; COMPLIANCE WITH SHOOTING RANGE PERFORMANCE STANDARDS. A person who owns, operates, or uses a shooting range in this state that is in compliance with shooting range performance standards is not subject to any nuisance action for damages or equitable relief based on noise or other matters regulated by the shooting range performance standards. This section does not prohibit other actions. History: 2005 c 105 s 6 htt 6/16 /2011 87A.07, 2010 Minnesota Statutes Page 1 of 1 201O Minnesota Statutes 87A.07 CLOSURE OF SHOOTING RANGES. Subdivision 1. Closure. Except as otherwise provided in sections 87A.01 to 87A.08, a shooting range that is in compliance with shooting range performance standards and the requirements of sections 87A.01 to 87A.08 shall not be forced to permanently close or permanently cease any activity related to the primary use of the shooting range unless the range or activity is found to be a clear and immediate safety hazard by a court of competent jurisdiction. In any action brought to compel the permanent closure of any range in compliance with shooting range performance standards and this chapter, or to permanently cease any activity related to the primary use of the shooting range, there is a rebuttable presumption that the range or activity is not a clear and immediate safety hazard. If the shooting range provides evidence that the cause of a proven safety hazard can be mitigated so as to eliminate the safety hazard, the court shall not order the permanent closure of the range, or permanent ceasing of the activity found to be a clear and immediate safety hazard, unless the range operator fails to implement the necessary mitigation to remove the safety hazard by the date that is determined reasonable by the court. Subd. 2. Preliminary injunctions. Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a probable clear and immediate safety hazard, or against any individual determined to be the probable cause of an alleged clear and immediate safety hazard, pending the final determination of the existence of the safety hazard. Subd. 3. Permanent injunctions. A court may grant a permanent injunction only against a particular activity or person instead of permanently closing the range unless the court finds that the remaining operations also pose a safety hazard under this section. History: 2005 c 105 s 7 httns: / /www.revisor.mn_gov /statutes /?id= 87A.07 6/1 6/2011 87A.08, 2010 Minnesota Statutes 2010 Minnesota Statutes Page 1 of 1 87A.08 APPLICABILITY OF OTHER LAWS. Subdivision 1. Public safety laws; zoning. (a) Nothing in this chapter prohibits enforcement of any federal law. To the extent consistent with this chapter, other state laws regarding the health, safety, and welfare of the public may be enforced. To the extent consistent with this chapter, a local unit of government with zoning authority jurisdiction over a shooting range may enforce its applicable ordinances and permits. Nothing in this chapter shall supersede more restrictive regulation of days and hours of operation imposed by the terms and conditions of ordinances and permits that are in effect on May 28, 2005. (b) If the operator of the shooting range shows evidence that the range can be brought into compliance with the applicable state law, local ordinance, or permit, the range may not be permanently closed unless the range operator fails to bring the range into compliance with the applicable law, ordinance, or permit under this section by the date that the court determines reasonable. Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a violation of a law, ordinance, or permit under this section or against any individual determined to be causing an alleged violation, pending the final determination of the existence of the violation. Subd. 2. Permanent injunctions. A court may grant a permanent injunction only against a particular activity or person instead of permanently closing the range unless the court finds that the remaining operations also create a violation under this section. History: 2005 c 105 s 8 httns: / /www.revisor.mn.gov /statutes /?id= 87A_08 6/1 6/2011