Range use and zoning

[johnwaters]

I am an attorney practicing in Knoxville, Tennessee. I am interested in shooting sports, and regularly compete in IPSC, IDPA, 3-Gun, etc.

I am working with a property owner in Tennessee. A shooting range has been on the property for over twenty (20) years. Benches, permanent target berms and other related equipment have been in place for several years. This is private property, with a locking gate. Several friends and neighbors have keys and have used the range along with the property owner and his family.

The property is zoned A-1 Agricultural/Forestry. In the local zoning ordinance, there is a very short list of specifically allowed uses in this zone. The ordinance states that no other uses are allowed. No recreational uses are specifically allowed, but there are, of course, many tennis courts, swimming pools and other recreational facilities in the Zone, including other other private shooting ranges.

The local Planning Commission has sent the property owner a “Cease and Desist Order” demanding that all shooting stop, because it is allegedly in violation of the zoning ordinance. Apparently, the official position is that the property owner must come before the Board of Zoning Appeals (“BZA”) to get a variance or waiver, at which point specific restrictions would likely be imposed on his use. Of course, the variance might not be granted at all. It is my understanding that the Planning Commission and other officials do not desire or intend to restrict or regulate any other private shooting ranges in the area, and that they are reacting to complaints about this range.

There is also an effort to amend the zoning ordinance to create a new zone for “high-impact” uses. Certain high impact uses would only be allowed in this overlay zone, such as shooting ranges, auto racing courses, etc. There might be a “use on review” requirement for most of these uses, whereby the Planning Commission would have to approve the specific requested use. This has created a great deal of controversy in the area. At this point, a current draft is not available, but the issue is to be scheduled for further consideration.

I am interested in hearing from anyone who has had experience with “Cease and Desist” orders against private shooting ranges in any similar situation. I am also interested in hearing from anyone who has had experience with “high impact” use zone, specifically designed to restrict shooting. Both types of restrictions on this range likely conflict with the Range Protection Act, TCA Sec. 39-17-316.

John Waters
jwaters@lrwlaw.com

[Tim Nunan]

This case sounds similar to one in Hamblen county where the county attorney has opined that if you put up a target on your property and shoot at it then you've created a shooting range. He also noted that out door shooting ranges are not an approved use for any zone in the county.

My question is: how valid is this opinion?