HomeMy WebLinkAbout2019-04-08 19-138 ORDINANCETitle, Ordinance
19-138 04/08/2019
CITY COUNCIL ACTION
Council Meeting Date: April 8, 2019
Item No: 19-138
Responsible Dept: Planning
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 165, Land Development Code, to Allow Indoor Firearms Ranges in the City of Bangor
Summary
This ordinance would identify where firearms ranges may locate in the City, indicate what standards must be used in
designing firearms ranges, and clarify the distinction between a firearms range and target shooting.
The Bangor land use ordinance currently does not specifically address firearms ranges. When applying noise and safety
buffers typically used in other communities, little or no land is available in Bangor that appears suitable for an outdoor
firearms range. Indoor firearms ranges, however, do not produce similar noise and safety concerns, and are more
suitable as a commercial use in Bangor. The General Commercial and Services (GC&S) zoning district appears to be the
most appropriate location for this use, given the importance of operating safely and limiting disturbance to neighbors.
The General Services Administration (GSA) has compiled a single set of standards for the design and operation of indoor
firearms ranges in public buildings based on standards from the Environmental Protections Agency, Occupational Safety
and Health Administration, Department of Defense, and others. It appears that the GSA standards are the best single
source of regulations available for indoor ranges.
This ordinance would also clarify the distinction between the kind of target shooting area that is customarily accessory
to the more rural homes in the City, and a firearms range as defined under the ordinance. In order to protect the health
and safety of neighbors and others, but still allow homeowners in more rural areas to conduct the traditional activity of
target shooting, the ordinance would place limits on the amount and type of activity that could occur.
Committee Action
Committee: Planning Board
Action:
Meeting Date: April 16, 2019
For:
Against:
Staff Comments & Approvals
C-Vj� ' y 1
City Manager
4ar, tor Finance Director
Introduced for: First Reading and Referral
CITY COUNCIL ORDINANCE
Date: April 8, 2019
Assigned to Councilor: Schaefer
19-138 04/08/2019
ORDINANCE, Amending Chapter 165, Land Development Code, to Allow Indoor Firearms Ranges in the City
of Bangor
WHEREAS, firearms ranges operate in many communities throughout Maine; and
WHEREAS, noise and safety buffers used in other communities result in little or no land available in Bangor
for an outdoor firearms range; and
WHEREAS, accounting for noise and safety regarding firearms ranges is important in order to protect the
health, safety, and welfare of neighbors and passersby; and
WHEREAS, an indoor firearms range is able to operate in the General Commercial and Service (GC&S) District
with little or no impact to surrounding properties; and
WHEREAS, the General Services Administration of the federal government has compiled a single set of
standards for the design and operation of indoor firearms ranges; and
WHEREAS, within limits, target shooting is an accessory use customarily incidental to the residential use of
more rural properties in the City, and should be allowed to continue; and
WHEREAS, limits on such target shooting are necessary to protect the health, safety and welfare of
neighbors and passersby, given the potential noise and safety concerns for a target shooting area that is
otherwise largely unregulated;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165 of the Code of the City of Bangor is amended as follows:
§165-13 Definitions
FIREARMS RANGE
An area or structure designed for the discharge and use of firearms. A firearms range shall not include a
target shooting area as defined elsewhere in this section that is accessory to a dwelling
TARGET SHOOTING AREA
19-138 04/08/2019
An area for the discharge and use of firearms that is accessory to a dwelling and meets the following_
criteria:
A. No more than three people unrelated by blood or marriage to the owner or tenant of the property on
which the target shooting area is located shall be present in the target shooting area at one time.
B. Target shooting by more than three people in the course of a day shall not happen more than once
per month.
C. Target shooting shall not occur between 6pm and 10am.
D. Target shooting shall not happen more than once per day and shall not last for more than two hours
at a time.
E. No money or thing of value shall exchange hands for target shooting or related purposes.
F. The requirements imposed by section 113-2 of the Code of the City of Bangor must be met.
§165-102 General Commercial & Service District (GC&S).
C. Permitted Uses. The following uses are permitted in this district:
11 Firearms range, provided that:
Lal The range is indoors.
Lb The range is designed, constructed, and operated in accordance with the most recent Indoor
Firing Range Design, Operations & Maintenance Criteria document, published by the Public
Building Service of the General Service Administration, and is available for inspection by the
Bangor Police Department during regular business hours and all hours during which the range is
operated.
fc) No odors, or noise in excess of 65 dBA, resulting from the operation of the range shall be
detectable at the property line.
(1-12)Accessory uses on the same lot and customarily incidental and subordinate to the above uses and
any use approved under subsection D below.
Additions are underlined, deletions strueak threug#.
NIVAIMI ::�� MIDI
Memo
To: The Honorable City Council
From: David Gould, Planning Officer
Date: April 17, 2018
Re: Amending Zoning Ordinance - To allow indoor firearms ranges in the General
Commercial and Services (GC&S) District. CO #19-138.
Please be advised that the Planning Board at its meeting on April 16, 2019 held a Public
Hearing on the above text amendment.
Chairman Kenneth Huhn asked the applicant or their representative to make a brief
presentation of the request.
Sean Gambrel from the Planning Department presented the proposed amendment. Mr.
Gambrel explained that this ordinance had two parts — first to differentiate a firing range from a
target practice area that would be customarily accessory to a rural residence, and second to
define where a firing range could be located. Mr. Gambrel discussed some of the distinctions
between the two, as defined in the proposed amendment. Mr. Gambrel further explained that the
City Council had expressed a preference for indoor firearms ranges, based on noise and safety
concerns. Mr. Gambrel stated that an indoor range would be largely indistinguishable from any
other fully -enclosed business, and as such, the GC&S zone seemed most appropriate. All ranges
would be required to be designed and operated within the standards of the General Services
Administration.
Member Brush asked about the restriction on money or thing of value changing hands at
a target shooting area. Mr. Gambrel responded that this was to differentiate that accessory use
from a type of use that would be commercial or membership -based.
Chair Huhn clarified that any residential target shooting areas would need to take place in
the outer areas of the City. Mr. Gambrel replied that any firearms discharge in the city need to
comply with section 113 as well as take place in the Firearms Discharge Zone.
Associate Member Basinet asked about the proposed noise standards. Assistant City
Solicitor Paul Nicklas noted that there is a firearms range operating inside the Bangor Police
Department building and that a passerby would have no indication that this use was occurring.
Chair Huhn asked for proponents or opponents to the text amendment. No member of
the public spoke.
Member Shaw moved that the Planning Board recommend the City Council adopt the
ordinance change regarding indoor firearms ranges contained in Council Order 19-138. Member
Durgin seconded the motion. The Board voted unanimously to recommend the ordinance change
be adopted by the City Council.
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