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Expansion of Shooting Range (Grandfather Clause) Renders Properties Surrounding the Range Useless #749541
Asked May 12, 2021, 4:23 PM EDT
Grand Traverse County Michigan
Expert Response
Greetings,
Shooting ranges in Michigan are regulated under the Sport Shooting Ranges Act, Public Act 269 of 1989. The act states in Section 2a:
- (2) A sport shooting range that is in existence as of the effective date of this section and operates in compliance with generally accepted operation practices, even if not in compliance with an ordinance of a local unit of government, shall be permitted to do all of the following within its preexisting geographic boundaries if in compliance with generally accepted operation practices:
- (a) Repair, remodel, or reinforce any conforming or nonconforming building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or structure.
- (b) Reconstruct, repair, restore, or resume the use of a nonconforming building damaged by fire, collapse, explosion, act of god, or act of war occurring after the effective date of this section. The reconstruction, repair, or restoration shall be completed within 1 year following the date of the damage or settlement of any property damage claim. If reconstruction, repair, or restoration is not completed within 1 year, continuation of the nonconforming use may be terminated in the discretion of the local unit of government.
- (c) Do anything authorized under generally accepted operation practices, including, but not limited to:
- (i) Expand or increase its membership or opportunities for public participation.
- (ii) Expand or increase events and activities.
- (a) Repair, remodel, or reinforce any conforming or nonconforming building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or structure.
Section 3 also states: Except as otherwise provided in this act, this act does not prohibit a local unit of government from
regulating the location, use, operation, safety, and construction of a sport shooting range.
This means a shooting range must operate in compliance with generally accepted operation practices in order to expand its "opportunities for public participation." It also means that a local ordinance may also have some bearing on the establishment.
You are encouraged to ask the local unit of government if any ordinance applies. Also, you might consider asking questions of State of Michigan staff reached with information provided at: State License Search - Shooting Range (michigan.gov).
" within its preexisting geographic boundaries" -- is this referring to the property line in which the shooting range operates -- OR -- the existing shooting range footprint (meaning, 4 - 5 shooting stations)?
From: Ask Extension <<personal data hidden>>
To: Linda L <<personal data hidden>>
Sent: Wed, May 12, 2021 9:54 pm
Subject: Re: Expansion of Shooting Range (Grandfather Clause) Renders Properties Surrounding the Range Useless (#0019472)
Dear Linda,
I cannot answer your specific questions about limitations/allowances of shooting range expansions. You might find additional insights in People of the Twp. of Addison v. Barnhart, an unpublished Michigan Court of Appeals case (No. 301294, April 10, 2012). The Court of Appeals found the circuit court correctly recognized that the defendant was operating a shooting range for both recreational and business purposes, and correctly concluded that his range was not a sport shooting range within the meaning of the Sport Shooting Range Act.
I do not know of additional related case law. You might consider hiring a qualified attorney to assist you. The State Bar of Michigan maintains a Lawyer Search.
Regarding zoning approval, the township clerk is responsible for maintaining such records and property records are permanent records. Township's must provide access to such public records under the Freedom of Information Act and are subject to State of Michigan records retention schedules.
As far as noise, the township might have a noise ordinance that is adopted separately from the zoning ordinance, though I do not know if shooting ranges operating under generally accepted operation practices are exempt from local noise regulations. Perhaps the generally accepted operation practices themselves include noise mitigation practices.
I hope this additional information is helpful!