FAIRBANKS NORTH STAR BOROUGH ORDINANCE NO

Transcription

1 FAIRBANKS NORTH STAR BOROUGH ORDINANCE NO By: Diane Hutchison Kathryn Dodge Referred to the Planning Commission: 11/12/2015 Introduced: 01/14/2016 Advanced: 01/14/2016 Amended: 01/28/2016 Adopted: 01/28/2016 AN ORDINANCE AMENDING TITLE 18 REGARDING SHOOTING RANGES AND ARCHERY RANGES, AND ADDING DEFINITIONS AND STANDARDS WHEREAS, Current FNSB code allows shooting ranges in a number of residential subdivisions and other zones with potentially conflicting uses; and WHEREAS, The conditional use process requires a publicly noticed process that ultimately examines whether or not the proposed conditional use will protect the public health, safety and welfare; and WHEREAS, The NRA has not endorsed Fairbanks North Star Borough proposed safety standards, but safety standards should be incorporated into shooting ranges in the Fairbanks North Star Borough in order for all residents of the Borough to use shooting ranges in safe locations and in a manner that minimize their impact on surrounding residences or other commercial uses; and WHEREAS, Land Use Goal 1 of the FNSB Regional Comprehensive Plan is to recognize that the foremost aspect of land use involving private property is the retention and maintenance of private property rights and Strategy 3 is to work to reduce to the fullest extent possible the natural conflict that develops between private property right and community needs and interests; and WHEREAS, Land Use Goal 4 is to enhance development opportunities while minimizing land use conflicts and Strategy 10 is to attract and support development that is compatible with and enhances existing land use and Action B is to develop a pattern of compatible land uses and either separate, transition or buffer incompatible land uses; and WHEREAS, existing shooting ranges are grandfathered pursuant to FNSBC Chapter Page 1 of 5

2 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks North Star Borough: be codified. Section 1. This ordinance is of a general and permanent nature and shall Section 2. FNSBC Definitions is hereby amended as follows (clerk shall insert in proper alphabetical order): Archery range means a building or area designed for the purpose of shooting arrows from bows at a designated target for commercial or educational purposes, but not including private sighting ranges as defined herein. Muzzleloader means a firearm for which firing components (e.g. black power and projectile(s)) are loaded separately into the muzzle end of the firearm. Private sighting range means an individual shooting range or archery range for personal use where shooting is periodic or occasional and no user fee or membership fee is charged. [ SHOOTING AND ARCHERY RANGE MEANS A BUILDING OR PARCEL OF LAND USED, OR INTENDED TO BE USED, FOR THE DISCHARGE OF PISTOLS, RIFLES, BOWS OR OTHER ARMAMENTS FOR PURPOSES OF PRACTICE OR COMPETITION BY A GROUP OF PERSONS. THIS DEFINITION IS NOT INTENDED TO INCLUDE PRIVATE SIGHTING RANGES USED BY INDIVIDUALS WHICH ARE PERMITTED AS ACCESSORY USES OF RESIDENTIAL DWELLING UNITS.] Shooting lane means a portion of an outdoor shooting range bounded by the location from which firearms are intended to be discharged and the backstop. Shooting range, indoor means an establishment located within a building that is specifically designed for the discharge of firearms in a controlled setting for the purposes of training, recreational shooting, target practice or competitions, but not including private sighting ranges as defined herein. Shooting range, outdoor means an outdoor establishment that is specifically designed for the discharge of firearms in a controlled setting for the purposes of training, recreational shooting, target practice, skeet or trap shooting, or competitions, but not including private sighting ranges as defined herein. Shooting range, outdoor permitted means an outdoor shooting range that meets the standards set forth in the supplementary regulations in this title (Chapter FNSBC). Section 3. FNSBC (A) is hereby amended to add the following Permitted Uses in the Outdoor Recreational District Districts [clerk shall insert in proper Shooting range, outdoor permitted; Page 2 of 5

3 Section 4. FNSBC (B) is hereby amended to add and delete the following Conditional Uses in the Outdoor Recreational District Districts [clerk shall insert in proper [SHOOTING AND ARCHERY RANGES]; Section 5. FNSBC (A) is hereby amended to add the following Permitted Uses in the Rural and Agricultural districts [clerk shall insert in proper Shooting range, outdoor permitted; Section 6. FNSBC (B) is hereby amended to add and delete the following Conditional Uses in the Rural and Agricultural Districts [clerk shall insert in proper [SHOOTING AND ARCHERY RANGES]; Section 7. FNSBC (A)(2) Permitted Uses in the Light Commercial District is hereby amended as follows [clerk shall insert in proper Section 8. FNSBC (B) is hereby amended to add and delete the following Conditional Uses in the General Commercial District [clerk shall insert in proper [SHOOTING AND ARCHERY RANGES;] Section 9. FNSBC (A) is hereby amended to delete the following Permitted Uses in the Light Industrial District [clerk shall insert in proper [SHOOTING AND ARCHERY RANGES;] Section 10. FNSBC (B) is hereby amended to add the following Conditional Uses in the Light Industrial District [clerk shall insert in proper alphabetical order and renumber as necessary]: Page 3 of 5

4 Section 11. FNSBC (B) is hereby amended to add the following Conditional Uses in the Heavy Industrial District [clerk shall insert in proper alphabetical order and renumber as necessary]: Section 12. FNSBC (A) is hereby amended to add the following Permitted Uses in the GU-1 General Use District: 1. Shooting range, outdoor permitted; and [A]any use except for correctional facilities[;]. Section 13. FNSBC (B) is hereby amended to add the following Conditional Uses in the GU-1 General Use District [clerk shall insert in proper Section 14. FNSBC (A) is hereby amended to add the following Permitted Uses in the GU-5 General Use District: 1. Shooting range, outdoor permitted; and [A]any use except for correctional facilities[;]. Section 15. FNSBC (B) is hereby amended to add the following Conditional Uses in the GU-5 General Use District [clerk shall insert in proper Section 16. FNSB Chapter 18.50, SUPPLEMENTARY REGULATIONS, is hereby amended to add the following section: Standards for Outdoor Shooting Ranges. A. Permitted outdoor shooting ranges shall meet the following standards: 1. A continuous backstop a minimum of 15 feet in height consisting of concrete, steel, earth, wood, or a combination thereof shall be constructed behind all targets. The backstop must be impenetrable to calibers used at the facility and extend from exterior side berm to exterior side berm. 2. Shooting lane(s) shall be located a minimum distance of 100 feet from any public right-of-way. 3. All shooting lane(s) shall be located a minimum distance of one quartermile from any dwelling unit not on the same lot unless all the dwelling unit owners within the specified distance provide written consent. 4. Side berms running parallel to the shooting lane(s), a minimum of eight feet in height consisting of concrete, steel, earth, wood, or a combination thereof, shall be constructed along the outside shooting lane(s) extending at least 60 feet or the length of the shooting lane, whichever is less, from the backstop toward the firing line. Side berms must be impenetrable to calibers used at the facility. B. The following shooting ranges are exempt from the standards in subsection A, Page 4 of 5

5 provided that all shooting stations and targets are located a minimum distance of 100 feet from any public right-of-way and a minimum distance of one quarter-mile from any non-consenting dwelling unit not on the same lot: 1. Shotgun-only shooting ranges, such as skeet or trap shooting clubs, where only shotguns are used; 2. Shooting ranges where only muzzleloader firearms are used. C. The above standards or appropriate alternate standards may be required upon conditional use application for other outdoor shooting ranges and shall consider relevant factors, including the location of and type of firearms that will be used at the proposed range. Section 17. Effective Date. This ordinance shall be effective at 5:00 p.m. of the first Borough business day following its adoption. ATTEST: PASSED AND APPROVED THIS 28 TH DAY OF JANUARY, Nanci Ashford-Bingham, MMC Borough Clerk John Davies Presiding Officer 203 Ayes: Hutchison, Cooper, Golub, Lawrence, Dodge, Quist, Davies 204 Noes: Roberts 205 Excused: Sattley Page 5 of 5