2. Code Amendment: Chapters 11 & 20 - Regulating Gun Ranges0
CITY OF
CHANHASSEN
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
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
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: August 22, 2011
SUBJ: City Code Amendment — Chapters 11 and 20
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 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
City Council reviewed this ordinance on August 8, 2011 at which time it was tabled to
allow staff to look at potential impacts on other users in multi- tenant buildings. During
the Conditional Use Permit review process, the City can make sure that there is
sufficient parking and access so that the use will be compatible with other uses. The
City may also add specific conditions at the time of review to address concerns, issues or
potential problems that arise. Additionally, there is significant expense in designing and
building a gun range, which will limit the number of such facilities as well as assure that
they will not negatively impact other uses.
Staff has revised the ordinance to address only the gun range at this time. The proposed
amendment revises Chapter 11 to permit the discharge of firearms at City approved gun
ranges; and revises Chapter 20 to provide standards for indoor gun ranges, 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.
It should be noted that the Office Industrial Planned Unit Developments such as
Arboretum Business Park, Chanhassen West Business Park ad Chanhassen Business
Center would need to have their zoning standards amended to permit this use.
Staff has included as attachments ordinances regulating gun ranges in St. Joseph, MN
and Jordon, MN. The ordinances are very similar. However, the City's ordinance is
less prescriptive in the operation of the facility. We have also added language to the
ordinance requiring that in multi - tenant buildings the gun ranges be soundproofed to
prevent the sound from being heard by persons in adjoining units.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
August 22, 2011
Page 2
PLANNING COMMISSION SUMMARY
A public hearing was held on July 19, 2011 to review the proposed code amendment. The
Chanhassen Planning Commission voted unanimously 7 — 0 to recommend that the City Council
approve the ordinance amending Chapter 11, Miscellaneous Provisions and Offenses, and Chapter
20, Zoning, pertaining to gun ranges and paintball courses. It was noted that the sunset day for
outdoor paintball courses would be project - specific and determined as part of the review of the
Interim Use Permit, but generally would be related to the development of the area or if there was an
increase in complaints or nuisances due to the use and its proximity to surrounding development.
The July 19, 2011 Planning Commission minutes are attached.
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.
ATTACHMENTS
1. Ordinance Amending Chapters 11 and 20 of the City Code concerning Gun Ranges.
2. Summary Ordinance.
3. Sites Zoned Appropriately for Indoor Gun Ranges.
4. St. Joseph, MN Ordinance.
5. City of Jordan, MN Ordinance.
6. Planning Commission Staff Report dated July 19, 2011.
7. Planning Commission Minutes dated July 19, 2011.
g: \plan \city code\2011\2011 -09 chapter 20 paintball courses and shooting ranges \executive summary gun range only.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
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 llowed:
(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 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 -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.
2
(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.
(17) In multi - tenant buildings, the gun range shall be soundproofed to prevent the sound from
being heard by persons in adjoining units.
Section 3. 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).
Screened outdoor storage.
Section 4. 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.
(3) Day care centers as a separate facility.
(4) Food processing.
(5) Gun Range, indoor.
(-5 6) Home improvement trades.
(6 7) Hotels and motels.
(7 8) Lumber yards.
(9 9) Motor freight terminals.
(9 10) Outdoor health and recreation clubs.
3
0811) Screened outdoor storage.
(12) Research laboratories.
(44 13) Reserved.
(4 -2- 14) Commercial towers as regulated by article XXX of this chapter.
(44 15) Electrical distribution and underground electric distribution substations.
Section 5. 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
2
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 gun ranges; and revises Chapter 20 to provide conditional use permit standards for gun
ranges, allows indoor gun ranges 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 22 day of August,
2011, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
:.
Thomas A. Furlong, Mayor
►1�.
Todd Gerhardt, City Manager /Clerk
(Published in the Chanhassen Villager on
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Ordinance 52, St. Joseph, Section 52.34 of the Zoning Ordinance
f) Indoor Firing Range provided that:
The firing range shall not be located on any lot adjacent to an existing
Residential, Educational/Ecclesiastical or Public District.
2. The firing Range shall not be located within one thousand (1,000) lineal
feet, measured from building to building, of an existing firing range or
establishment licensed to.dispense intoxicating or non - intoxicating liquor,
nor shall they be in a building that dispenses liquor.
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 conform with 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.
5. The design and construction of the firing range shall completely confine
all ammunition rounds within the building and in a controlled manner.
The design and construction of the firing 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.
6. No ammunition shall be used in the range that exceeds the certified design
and construction specifications of the firing range.
7. A written log of range users shall be maintained by the range operator and
available for inspection by the City all any /all times. The name and
address of the user shall be verified by photo identification. The log shall
include, but not be limited to the following:
A. Name, Address and phone number of the range user.
B. Time and date the user was in the range
C. If aged twenty -one (21) or more a photocopy of the individual's
permit to carry a dangerous weapon.
Firearms shall not be stored on the premises when the range is closed for
Business, unless they are stored in an acceptable gun safe. An acceptable
gun safe shall meet ALL of the following standards:
A. Shall be able to fully contain firearms and provide for their secure
storage.
B Shall have a locking system consisting of, at minimum, a
mechanical or electronic combination lock. The mechanical or
electronic combination lock utilized by the safe shall have at least
10,000 possible combinations consisting of a minimum of three
numbers, letters, or symbols. The lock shall be protected by a case-
hardened (Rockwell C 60+) drill resistant steel plate, or drill
resistant material of equivalent strength.
C. Boltwork shall consist of a minimum of three steel locking bolts of
at least %2 inch thickness that intrude from the door of the safe into
the body of the safe or from the body of the safe into the door of
the safe, which are operated by a separate handle and secured by a
lock.
D. A gun safe shall be capable of repeated use. The exterior walls
shall be constructed of a minimum of 12 -gauge thick steel for a
single - walled safe, or the sum of the steel walls shall add up to at
least .100 inches for safes with two walls. Doors shall be
constructed of a minimum of one layer of 7 -gauge steel plate
reinforced construction or at least two layers of a minimum 12-
gauge steel compound construction.
E. Door hinges shall be protected to prevent the removal of the door.
Protective features include, but are not limited to, hinges not
exposed to the outside, interlocking door designs, dead bars,
jeweler's lugs, and active or inactive locking bolts.
9. On -site supervision shall be supplied at all times by an adult with
credentials as a 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. The applicant shall provide and maintain proof of liability insurance which
shall require the insurer notify the City Administrator in writing within ten
(10) business days 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 Administrator and/or his/her assigns at
all times.
11. On site instruction shall be given only by Certified Firearms Instructors.
Current certificates for firearms instructors shall be on display in a
conspicuous location in the premises and available for public inspection at
all times.
12. An outside security plan for the general grounds shall be submitted to the
City Administrator or designee for review and approval.
13. The transport of firearms on the premises, to the premises and from the
premises shall conform to State Law.
14. 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.
15. Indoor firing 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.
16. The Council reserves the' authority to review or modify the performance
standards for the range.
City of Jordon, MN
Industrial Zoning District, Conditional Use
F. Firing Range- an indoor facility where firearms are discharged at targets and which is
designed so that projectiles fired from firearms at targets are prevented, by means of
backstops, berms, or other barriers, from going beyond the walls of the facility; provided:
1. The firing range shall not be located on any lot adjacent to an existing Residential District.
2. The firing Range shall not be located within one thousand (1,000) lineal feet, measured
from building to building, of an existing firing range or establishment licensed to
dispense intoxicating or non - intoxicating liquor, nor shall they be in a building that
dispenses liquor.
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 State Statute 87A.
5. The building and method of operation shall conform with 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 firing range shall completely confine all ammunition
rounds within the building and in a controlled manner. The design and construction of the
firing 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 firing range.
8. A written log of range users shall be maintained by the range operator and available for
inspection by the City all any /all times. The name and address of the user shall be
verified by photo identification. The log shall include, but not be limited to the following:
a) Name, Address and phone number of the range user.
b) Time and date the user was in the range
c) If aged twenty -one (21) or more a photocopy of the individual's permit to carry a
dangerous weapon.
9. Firearms shall not be stored on the premises when the range is closed for Business, unless
they are stored in an acceptable gun safe. An acceptable gun safe shall meet ALL of the
following standards:
a) Shall be able to fully contain firearms and provide for their secure storage.
b) Shall have a locking system consisting of, at minimum, a mechanical or electronic
combination lock. The mechanical or electronic combination lock utilized by the safe
shall have at least 10,000 possible combinations, consisting of a minimum of three
numbers, letters, or symbols. The lock shall be protected by a casehardened
(Rockwell C 60 +) drill resistant steel plate, or drill resistant material of equivalent
strength.
c) Boltwork shall consist of a minimum of three steel locking bolts of at least % inch
thickness that intrude from the door of the safe into the body of the safe or from the
0
body of the safe into the door of the safe, which are operated by a separate handle and
secured by a lock.
d) A gun safe shall be capable of repeated use. The exterior walls shall be constructed of
a minimum of 12 -gauge thick steel for a single - walled safe, or the sum of the steel
walls shall add up to at least .100 inches for safes with two walls. Doors shall be
constructed of a minimum of one layer of 7 -gauge steel plate reinforced construction
or at least two layers of a minimum 12 -gauge steel compound construction.
e) Door hinges shall be protected to prevent the removal of the door. Protective features
include, but are not limited to, hinges not exposed to the outside, interlocking door
designs, dead bars, jeweler's lugs, and active or inactive locking bolts.
10. On -site supervision shall be supplied at all times by an adult with credentials as a 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.
11. The applicant shall provide and maintain proof of liability insurance which shall require
the insurer notify the City Administrator in writing within ten (10) business days 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 Administrator and /or
his /her assigns at all times.
12. On site instruction shall be given only by Certified Firearms Instructors. Current
certificates for firearms instructors shall be on display in a conspicuous location in the
premises and available for public inspection at all times.
13. An outside security plan for the general grounds shall be submitted to the City
Administrator or designee 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. Indoor firing 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.
17. Required license(s) are obtained from the Jordan Police Department.
18. The Council reserves the authority to review or modify the performance standards for the
range.
Clallam County, WA
(42) "Indoor shooting range" means a facility, commercial, public or private, which provides for
recreational shooting and hunter education within a fully enclosed and soundproof structure
which is clearly subordinate to the residential use, if applicable, of the property.
10
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MEMORANDUM
CITY OF
TO:
Planning Commission
CAA NSFN
FROM:
Robert Generous, AICP
7700 Market Boulevard
DATE:
July 19, 2011
PO Box 147
O&,ej
Chanhassen, MN 55317
SUBJ
City Code Amendment J
The City defines firearms as follows:
Phone: 952.227.1400
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
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
Finance
On April 5, 2011, staff presented background information on paintball facilities and
Phone: 952.227.1140
was directed to continue researching the topic. On June 7, 2011, staff presented
Fax: 952.227.1110
additional background information and made preliminary suggestions on how the
Park & Recreation
code should be amended. The Planning Commission directed staff to prepare the
Phone: 952.227.1120
changes for City Code. City staff has also contacted other local communities with
Fax: 952.227.1110
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.
Recreation Center
2310 Coulter Boulevard
The City defines firearms as follows:
Phone: 952.227.1400
Fax: 952.227.1404
Firearm means any gun, pistol, rifle, shotgun, B -B gun, pellet gun, bow, or any
Planning &
device capable of discharging arrows, slugs, or blanks, metal projectiles or paint.
Natural Resources
Phone: 952.227.1130
Minnesota Statutes Chapter 87A provides minimal guidelines for gun ranges. They
Fax: 952.227.1110
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
Public Works
7901 Park Place
interim standards shall be those in the National Rifle Association's Range Source
Phone: 952.227.1300
Book: A Guide to Planning and Construction.
Fax: 952.227.1310
The National Rifle Association Range Source Book provides guidelines for planning,
Senior Center
designing, constructing, and maintaining shooting range facilities. According to the
Phone: 952.227.1125
source book, each range should have a clear and concise safety plan. The plan must
Fax: 952.227.1110
be signed, published, and reviewed at specific intervals and distributed to all range
Web Site
users to study and use.
www.ci.chanhassen.mn.us
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 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 i ^'� aid
(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) Reserved 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.
(S 9) Motor freight terminals.
(9 10) Outdoor health and recreation clubs.
(4 -011) 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.
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\2011\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 allowe 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
2
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.
(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) Reserwed 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.
(5 6) Home improvement trades.
(6 7) Hotels and motels.
(7 8) Lumber yards.
(9 9) Motor freight terminals.
(9 10) Outdoor health and recreation clubs.
(4-911) 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.
(474 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
Ce
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. S. 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/statutes/?id=97A.01 6/1 6/2011
87A.02, 2010 Minnesota Statutes
2010 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.revi-,or.mn.gov /statutes / ?id= 87A.02 6/16/2011
87A.03, 2010 Minnesota Statutes
2010 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-,://www.revisor.mn.Lyov/statutes/?id=97A.0-3 6/16/2011
87A.04, 2010 Minnesota Statutes
2010 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= 87A.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 L 10 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.eov /statutes / ?id= 87A.05 6/16 /2011
87A.06, 2010 Minnesota Statutes
2010 Minnesota Statutes
Page 1 of 1
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
httns: / /www,revi sor.mn _ gov /statutes / ?i d =87A .06 6/16/2011
87A.07, 2010 Minnesota Statutes
2010 Minnesota Statutes
Page 1 of 1
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 6/16 /201 1
87A.08, 2010 Minnesota Statutes
201O 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 6/201 1
Chanhassen Planning Commission - July 19, 2011
Thomas: Alright I'll propose a motion. The Chanhassen Planning Commission as the Board of
Appeals and Adjustments denies Planning Case 42011 -07 for hard surface coverage variance to
construct a sport court and adoption of the Findings of Fact and Decision.
Tennyson: Move to second it.
Aller: Having a motion and a second.
Thomas moved, Tennyson seconded that the Chanhassen Planning Commission as the
Board of Appeals and Adjustments denies Planning Case #2011 -07 for hard surface
coverage variance to construct a sport court and adoption of the Findings of Fact and
Decision. All voted in favor and the motion carried unanimously with a vote of 7 to 0.
Aller: The variance is denied. Thank you to all present. Moving on to item 3.
PUBLIC HEARING:
CITY CODE AMENDMENT: CONSIDER AMENDMENT TO CHAPTER 20, ZONING
CONCERNING PAINTBALL COURSES AND SHOOTING RANGES.
Generous: Thank you Chairman Aller, commissioners. As you said this is a proposed city code
amendment to both Chapters 1 I and 20, code amendments to address gun ranges and paintball
courses within the community. Previously this item was discussed under open discussion in
April and June of this year to try to lay out the issues and the problems that we foresee. What the
code amendment will try to do is create an exception to the firearm prohibition in Chapter I 1 to
permit paintball courses and a gun ranges. Additionally we looked at creating standards for these
type of facilities within the code so that we would be able to evaluate each one as they came in.
And thirdly to create the district or allow them in the specific districts that we believe was
appropriate. The first one I'm looking at is the indoor gun ranges. We're looking at indoor only.
At one time there was an outdoor gun range in the community. That went away and the City
doesn't want to permit it again because we are an urbanizing community and so we don't think
agriculture will stay here as long as it had in the past. We are looking at only two districts, well
there's three districts that we're looking at. The A2 district for the outdoor paintball courses and
then the IOP and CC districts for the indoor facilities. And it was fun getting these pictures of
the different facilities that they have out there. I tried not to get anyone shooting because it made
people upset. This map represents areas in the community that we are potentially looking at
permitting or allowing this type of use. All the green areas are industrial sites within the
community. This would be both for the indoor gun range and also for indoor paintball courses.
The proposed amendment dealing with the gun range would add conditional use permit standards
for the gun ranges in the business districts. The issues, and those show up on pages 6 and 7 of
the staff report. What we tried to deal with were the safety issues. The design of the facility.
The operation of the facility. How people use their guns. Secondly we were looking at nuisance
issues in creating these standards and finally we wanted to make sure that any operator had the
sufficient liability insurance. We didn't want to get too specific in all the requirements but a
general guideline for them to use and these businesses will know better than the City what they
need to do to make themselves safe and profitable so. We are, as I state, we're recommending
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that indoor gun ranges be a permitted use in industrial office, or a conditional use in the
industrial office park districts and that it be a conditional use as an accessory use to a sporting
goods store in the community commercial district. Our concern in the community commercial is
this is theoretically if you have a downtown area and we didn't want a 65,000 square foot gun
range. We'd rather have the retail opportunity with this as an accessory component of that. So
that's the way the amendments were structured. Now for paintball courses we're looking at both
outdoor facilities and indoor facilities. The outdoor, let's see. Again we would develop
standards as part of the conditional use permit but these would, there'd be two of them. One set
of standards would be for the agricultural residential district and the other ones would be for the
commercial or business districts, and the only difference is it would only be permitted outside in
the A2 district. In the commercial industrial district it would have to be an indoor facility only.
We would permit it as, we're recommending that it be permitted as an interim use in our
agricultural districts and that it be permitted as a conditional use as an indoor use in the industrial
office park district. So and these are sites that meet the minimum requirements for the zoning
regulations for outdoor facilities. One of the primary ones is the site has to be at least 20 acres in
area and the second one is a separation requirement between any adjacent property lines for these
courses. That they be at least 300 feet from the property line and that the course also be at least
500 feet from any adjacent residential properties and this we hope to avoid nuisance issues by
having this separation requirement. And these standards for the CUP were located on pages 5
and 6 of the staff report. Again we have as part of that, the primary concern is safety of the
people that are using the facility. Finally staff is recommending approval of the ordinances
amending Chapter 11, the miscellaneous provision which would create the exception to allow
paintball courses and indoor gun ranges and also to Chapter 20 to adopt the standards for the
conditional uses for both and also to change the district regulations to allow them in the IOP and
CC district and the outdoor courses in the A2 district. With that I'd be happy to answer any
questions you may have.
Aller: Thank you. Questions.
Aanenson: Chair, I'm just going to clarify one thing if I may.
Aller: Thank you.
Aanenson: I think Bob did a great job explaining that. I just want to clarify the difference
between the interim use and conditional use because we haven't done with that two. The interim
use you can attach conditions that it would cease and desist. You might say if there's a new
development next to it or within so many feet so you can attach those conditions when it comes
in and that was for the outdoor one so there's a definite timeframe for those to lapse. A
conditional use would run with the property. Those were the ones that were recommended for
the indoor uses so those would always run with the property so that was I think when we talked
about before that came up was a little bit you know how do we compare on those issues so we
have had some requests for outdoor. I think the biggest change, I'm sorry I missed the first part
is that you know we don't allow any, except in the shooting areas of the city which we do have
some areas that you can do hunting, we don't allow outdoor so it'd be a little bit change of that.
Obviously this would be paintball sort of thing. Splatball kind of issue but we want to make sure
that we would have regulations in place and could cease and make those, you could even put in
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Chanhassen Planning Commission - July 19, 2011
there like so many complaints or you know violations of noise ordinance or those sort of things
and you might want to rescind their rights so that gives you the flexibility on that.
Aller: Has that been looked at?
Generous: The interim use?
Aller: That type of condition.
Aanenson: Well it would be the standard when it comes before you. We would look at where it
is and then we would think you know that maybe that would be something, depending on, there
might be areas that wouldn't be as big of an issue but if it's close to something else we might
say, if it's disruptive to neighboring properties or we get so many complaints then we may want
to monitor those but we would attach that when an application came in and that's one of the
standards you can under an interim use. Reasonable conditions to mitigate.
Aller: Thank you. Based on that, any questions? Open the public hearing. Seeing no one
coming forward, closing the public hearing. Comments. Do I have a motion?
Doll: I'll motion the Chanhassen Planning Commission recommends that the City Council adopt
attached ordinance amending Chapters 11 and 20 of the Chanhassen City Code regulating gun
ranges and paintball courses.
Thomas: And I second that.
Doll moved, Thomas seconded that the Chanhassen Planning Commission recommends
that the City Council approve 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. All voted in favor and the motion carried
unanimously with a vote of 7 to 0.
APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary
Minutes of the Planning Commission meeting dated June 21, 2011 as presented.
CITY COUNCIL ACTION UPDATE.
Aanenson: So the council did approve your recommendations of the erosion control and then
also we obviously passed the variance criteria so we don't anticipate, we've been getting a few
calls but I don't anticipate a big rush of those coming forward yet. Those two were kind of,
certainly the horse stable one was kind of waiting for that issue. They had fenced and been
working with us to kind of move forward with that and they bought that property clearly for the
horse issue so again Angie Auseth does, excuse me, Kairies does a great job of working with our
residents to try to eliminate those. And then we did approve the Boulder Cove subdivision and
that one's north of Highway 7, kind of keeping those entitlements in place. I think working with
the council so someone doesn't have to pay for engineering again to have those projects go
forward. I think we also did the Powers Crossing also on that one for the extension so that's it.
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