Knowledgebase

Expansion of Shooting Range (Grandfather Clause) Renders Properties Surrounding the Range Useless #749541

Asked May 12, 2021, 4:23 PM EDT

There is a shooting range that has been operating for over 30 years. The owner has a grandfather clause allowing for land use as a shooting range. The shooting range had 4-5 positions for the paying public to do target shooting. The owner has recently decided to expand the shooting range with additional shooting positions. These new shooting positions are positioned near others’ properties and have caused noise and the possibility of reckless shooters to have bullets stray into these adjacent properties. Is the expansion of the range allowed? If this expansion is allowed, it renders the adjacent properties useless and potentially dangerous.

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.

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)

Brad Neumann, AICP Replied May 12, 2021, 9:54 PM EDT
Hi Brad -- 

Thank you for the prompt reply.  I need just a little more clarity:

1. In this phrase:
" 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)?

2. Does the grandfather clause also address the expansion beyond the original footprint of shooting stations?

3. The area is zoned as agricultural -- not commercial.  The owner may (or may not) have submitted a request to install a shooting range on the property to obtain zoning approval.  Is there a location where an individual would be able to access what the original request for zoning approval might be stored?  (Note, the township is claiming that they do not maintain any records).

4. Is it legal for the township to not maintain records of zoning requests and approvals?

5. Also, because the shooting range has now expanded to include additional shooting stations, the noise has increased significantly.  Is there a regulation or law concerning nuisance or noise?  Does the grandfather act accommodate for the increase of the noise -- meaning that the residents in the area need to tolerate this because there is nothing that the township can enforce (due to the grandfather act)?

6. Are there any Michigan cases whereby a neighbor's commercial activity (perhaps examples described herein ) has caused the decline in property values of the surrounding properties due to expansion?

Thank you --
Linda

-----Original Message-----
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)

The Question Asker Replied May 13, 2021, 8:30 AM EDT

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!

Brad Neumann, AICP Replied May 13, 2021, 10:24 AM EDT

Loading ...