The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 4319 - Second Reading: Indoor Gun Range Regulations ORDINANCE NO. ____ AN ORDINANCE CREATING AND ENACTING SECTIONS 62.1200, 62.1201, 62.1202, 62.1203, 62.1204, 62.1205, AND AMENDING AND REENACTING SECTIONS 60.200, 62.147, 62.322, AND 62.342 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO INDOOR GUN RANGE REGULATIONS. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 62.1200 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.1200 Indoor Gun Range Conditional Use Permit. Section 2. Section 62.1201 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.1201 Applicability. Subdivision 1. This section applies to certain specific, intensive land use activities that have unique impacts on both on- and off-site, which require special regulations and approval processes to ensure their short- and long-term compatibility with adjacent properties and neighborhoods. This section applies to Indoor Gun Ranges. Subd. 2. An Indoor Gun Range shall only be permitted in the following zoning districts pursuant to the Type III, Phase II conditional use permit process and standards, and the applicable site location criteria, exterior storage regulations, and reclamation standards: A. B-4 General Commercial B. M-1 Mixed Commercial – Industrial C. M-2 Industrial Subd. 3. The City invokes the authority provided to it by Minn. Stat. §87A.08, subd. 1(a) in adopting the ordinances found in chapter 62.1200. 1 Section 3. Section 62.1202 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 60.1202 Procedures; Conditional Use Permit Required. An Indoor Gun Range shall be considered a “conditional use” in any of the zoning districts in which is it listed. A request for the issuance of an Indoor Gun Range Conditional Use Permit shall be processed pursuant to the Type III, Phase II hearing process as set forth in section 61.140, et seq. Section 4. Section 62.1203 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.1203 Performance Criteria for Indoor Gun Range. Subdivision 1. The City shall approve a conditional use permit authorizing an Indoor Gun Range only if all of the criteria found in section 61.146 and subdivision 2 of this section are satisfied. Subd. 2. The criteria for approval of the conditional use permit are as follows: A. An Indoor Gun Range shall not sell or dispense an Alcoholic Beverage, nor shall they be located in a building which contains a business that sells or dispenses an Alcoholic Beverage. An Alcoholic Beverage shall not be sold, stored, or consumed on the premises of the Indoor Gun Range at any time. B. The building and method of operation shall comply with Minn. Stat. ch. 87A. C. Applicant has provided documentation that the Indoor Gun Range will conform to the noise standards provided in Minn. Stat. ch. 87A and MN Rules 7030. D. The design and construction of the Indoor Gun Range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the Indoor Gun Range shall be performed by a professional engineer registered in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet traps, ceilings, and exterior and interior walls and floors. 2 E. No ammunition shall be used in the Indoor Gun Range that exceeds the certified design and construction specifications of the Gun Range. F. Each Gun Range shall have a clear and concise safety plan. A copy of the safety plan shall be filed with the application for a conditional use permit. G. The applicant shall provide and maintain proof of liability insurance which shall require the insurer to notify the Zoning Administrator in writing of a cancellation of the policy, a change in the limit of the policy, and/or a change in policy ownership. The policy shall be executed and provided to the Zoning Administrator prior to the issuance of the certificate of occupancy and shall be available for inspection by the Zoning Administrator and/or the Administrator’s assigns at all times. H. An outside security plan for the general grounds shall be submitted to the City for review and approval as part of the application for a conditional use permit. I. Signs shall be posted in the entry of the structure and within the Gun Range space specifying that minors shall be accompanied by an adult at all times. This includes firearm safety classes which must be supervised by an adult instructor. J. Applicant has acknowledged that it will operate and manage the Indoor Gun Range in conformance with all federal, state, and local laws and regulations related to the use, sale, rental, and transportation of Firearms. K. Application shall provide documentation that all Backstop and Bullet Traps shall be made of steel that conforms to the NRA Range Source Book: A Guide to Planning and Construction. Article 3, Section 3, Table 1 Examples of Acceptable Ammunition, Muzzle Velocities and Minimum Steel Plat thickness for Metal Backstops, Deflector Plates (Baffles), and Bullet Traps. Section 5. Section 62.1204 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 3 62.1204 Required Plans and Information. Subdivision 1. An application for a conditional use permit for an Indoor Gun Range shall include the following information, in addition to that required by section 61.140, in proper written and/or graphic form. A. Site/Grading Plan B. Building Plans and Elevations C. Safety Plan D. Outside Security Plan E. Report documenting conformance with Shooting Range Performance Standards in the current edition of the National Rifle Association’s Range Source Book: A Guide to Planning and Construction F. Other plans and/or information, as may be reasonably requested by City staff to verify compliance with this chapter or unique conditions that apply to the site Section 6. Section 62.1205 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.1205. Required Certificate of Occupancy Documentation. Subdivision 1. Prior to occupying the building, requesting a temporary certificate of occupancy or a final certificate of occupancy shall provide the information required by this section. Subd. 2. A certified inspection from the engineer that demonstrates compliance with the conformance criteria for an Indoor Gun Range identified in section 62.1203 relating to: A. Building construction B. Containment design and construction C. Caliber of Firearms for which Indoor Gun Range is certified D. Noise requirements 4 Subd. 3. Executed proof of insurance. Section 7. Section 60.200 of the Rochester Code of Ordinances is hereby amended and reenacted to add the definitions of the terms “Alcoholic Beverage,” “Archery Range,” “Archery Equipment,” “dB,” “Decibel,” “Firearm,” “Indoor Gun Range,” “Shooting Range or Gun Range,” and “Shooting Range or Gun Range Performance Standards” so as to read as follows: Alcoholic Beverage: Any beverage containing more than one-half of one percent alcohol by volume. Archery Range: An area or facility designated or operated primarily for the use of Archery Equipment. Archery Equipment: The equipment of an archer, bow and arrow, long bow, recurve bow, compound bow or crossbow. dB: A unit of sound level expressed in decibels (dB). Decibel: A unit of sound pressure level abbreviated as dB. Firearm: A gun including but not limited to a pistol, revolver, rifle, muzzleloader, and a shotgun that discharges shot or a projectile by means of an explosive, a gas, or compressed air. Indoor Gun Range: An indoor area or facility designated or operated primarily for the use of firearms. Shooting Range or Gun Range: An area or facility designated or operated primarily for the use of a Firearm. Shooting Range or Gun Range Performance Standards: The best practices for Shooting Range performance standards. The most current edition of the National Rifle Association’s Range Source Book: A Guide to Planning and Construction shall serve as best practices for Shooting Range Performance Standards. Section 8. Section 62.147 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 5 62.147 Leisure Uses: The following is a list and description of the Leisure Use categories: 1) Campgrounds and Trailing Parks: Establishments engaged in providing overnight or short-term sites for the placement of recreational vehicles or temporary housing, with or without facilities such as water and electricity. 2) Outdoor Recreation Facility: A commercial recreation facility that is primarily an open air facility, such as baseball fields, swimming pools, skating rinks, golf driving ranges, or miniature golf facilities. 3) Restricted Recreation: Commercial recreation facilities that are of greater nuisance than conventional outdoor athletic facilities because of 1) the noise and traffic volumes they may generate; 2) the glare they produce; or 3) the potential danger they may create from flying objects or the use of weapons. This category includes such uses as amusement parks, race tracks (auto, go-cart, motorcycle) or ranges (skeet, rifle or archery). 4) Indoor Athletic Facility: A commercial recreation facility that provides completely enclosed or indoor recreation space, such as racquet clubs, indoor skating rinks or swimming pools, or gymnasiums. 5) Indoor Recreation: Establishment primarily engaged in activities intended to provide personal amusement, with the largest number of patrons typically during the evening hours or on weekends, and where food and refreshments may be provided as an incidental service, including such uses as bowling alleys, billiard, pool or bingo parlors, amusement arcades, archery range, and indoor theaters (live or motion pictures). 6) Drinking and Entertainment: Establishments primarily engaged in the selling of drinks for consumption on the premises, where entertainment may be provided and the incidental sale of prepared food for consumption on the premises is permitted. These establishments may often charge a fee or admission charge for the entertainment provided. Included in this category are bars, beer gardens, discotheques, night clubs, taverns and dance halls. 7) Outdoor Entertainment: An outdoor facility developed for entertainment, amusement or tourist purposes which typically involve sizable areas of land and concentrated traffic peaks oriented towards events at the facility, including drive-in theaters, amphitheaters, outdoor concert halls or theme parks. 6 8) Entertainment, Adult: Adult bookstores, adult motion pictures theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels, adult body painting studios, and other adult establishments. 9) Indoor Gun Range: An indoor area or facility designated or operated primarily for the use of firearms. Section 9. Section 62.322 of the Rochester Code of Ordinances is hereby amended and reenacted so that the table entitled “B-4 SITE APPEARANCE STANDARDS” includes, under “List of Permitted Uses,” the following category: Indoor Gun Range. For the permitted use of “Indoor Gun Range,” the entry under the column entitled “Use Type” should read “III,” the entry under the column entitled “Additional Detailed Regulations” should read “62.1200,” the entry under the column entitled “Hours of Operation” should read “7:00 AM – 10:00 PM,” the entry under the column entitled “Exterior Lighting” should read “C,” the entry under the column entitled “Sign Regulation” should read “D,” the entry under the column entitled “Landscape Material Point Base” should read “5,” the entry under the column entitled “Exterior Storage” should read “T,” the entry under the column entitled “Site Location Requirement” should read “M,” the entry under the column entitled “Bufferyard Indicator” should read “VII,” and the entry under the column entitled “Required Off-Street Parking” should read “1 per 3 persons based on Maximum Capacity of Building.” Section 10. Section 62.342 of the Rochester Code of Ordinances is hereby amended and reenacted so that the table entitled “M-1 SITE APPEARANCE STANDARDS” includes, under “List of Permitted Uses,” the following category: Indoor Gun Range. For the permitted use of “Indoor Gun Range,” the entry under the column entitled “Use Type” should read “III,” the entry under the column entitled “Additional Detailed Regulations” should read “62.1200,” the entry under the column entitled “Hours of Operation” should read “7:00 AM – 10:00 PM,” the entry under the column entitled “Exterior Lighting” should read “D,” the entry under the column entitled “Sign Regulation” should read “D,” the entry under the column entitled “Landscape Material Point Base” should read “5,” the entry under the column entitled “Exterior Storage” should read “T,” the entry under the column entitled “Site Location Requirement” should read “M,” the entry under the column entitled “Bufferyard Indicator” should read “VII,” and the entry under the column entitled “Required Off-Street Parking” should read “1 per 3 persons based on Maximum Capacity of Building.” Section 11. Section 62.342 of the Rochester Code of Ordinances is hereby amended and reenacted so that the table entitled “M-2 SITE APPEARANCE STANDARDS” includes, under “List of Permitted Uses,” the following category: Indoor Gun Range. For 7 the permitted use of “Indoor Gun Range,” the entry under the column entitled “Use Type” should read “III,” the entry under the column entitled “Additional Detailed Regulations” should read “62.1200,” the entry under the column entitled “Hours of Operation” should read “7:00 AM – 10:00 PM,” the entry under the column entitled “Exterior Lighting” should read “E,” the entry under the column entitled “Sign Regulation” should read “D,” the entry under the column entitled “Landscape Material Point Base” should read “5,” the entry under the column entitled “Exterior Storage” should read “T,” the entry under the column entitled “Site Location Requirement” should read “M,” the entry under the column entitled “Bufferyard Indicator” should read “VII,” and the entry under the column entitled “Required Off-Street Parking” should read “1 per 3 persons based on Maximum Capacity of Building. Section 12. This ordinance shall become effective as of the date of its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ________ DAY OF _______________, 2017. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _______ DAY OF _________________, 2017. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord15/62.1201 et seq 8 ORDINANCE NO.4319 AN ORDINANCE GRE' ATING AND ENACT- ING ' ECTNONS 62,1203,r 62,1231 e 62.1202,62,1203, 62,1204, 62.1235, AND AMENDING AND RE- ENACTING E ENACTING SECTIONS W230, 62,147, 62.322, AFFIDAVIT OF PUBLICATION AND 62.342 OF THE ROCHESTER CODE OF ORDINANCES,IND, RE UN State of Minnesota, County of Olmsted! TNG To INDOOR Gur�l s RANGE REGULATIONS, The fallowing Is a summary at the Indoor Gun Range Ste Lovejoy, being duly sworn, on oath that.she is the publisher or authorized Ordinance Roca as adapted by agent and employee of the newspaper the Rochester Gammon, gpubdksher of the news a er k<nown as the Post- Council an October 16, Bulletin, and has full knowledge of the facts which are stated below: 2017, and Is pabblshed' pursuant to Section 6,37' of the Rochester Hume Rule Charter and section (A) The newspaper has complied with all the requirements constituting 331A,0Minnes , , Statutes, 13 , the qualifications as a legal newspaper, as provided b Minnesota Statute Mirtnasota :Statutes, The' q � p y Rochester Common Coun 331A,02', 331A.07 and other applicable laws, as amended. cil approved the publication of this ordinance summa- ry at Its October 16,2017, meeting,A copy of this or (B) The printed notice dinance is can its at the Of fico of the City Clark, 201 I-ourth Street 5, ., Roam' Which is attached was cut from the columns of said newspaper, and was thRoct �b" uateRheser lieprinted and published 1 time(s); in print and onkine on the following dates: braxy; 131 Second Street S.E„Rochester,MN, This ordinance requires a Post IIkIOtIY1,: 10/24/20,17 conditional use permit in order to construct and op- ad®an indoor hsunvissnstaea Printed below is a copy of the lower case alphabet from a to z, both inclusive, performance standards ap- which is hereby acknoWed ed as being the size and kind oft e used in the pIicablo to that gun range, g g type PASSED AND ADOPT- composition and publication of the notice:, ED BY THE COMMON COUNCNL OF THE CITY OF ROCHESTER,MINNE' ahcdafghiiklmnopg(stLwwaxyz OctobTA,er, THIS,201 161h DAY of POST-BU, LETILI PAM'L.L.C. October,2017 /s/Randv slaver BY: , 9llUJIVIU10UIf1liDD1�0�/�LIOo601oiiai�,ui��cororrrr�rr�,F �, - „� ,., PRESIDENT 6F SAID COMMON cCOUNCILTITLE: Media Sales Mana er Ari�esT� 1 g /s/Anissa Holiingshead CITY CLERK APPROVED THIS 19th1 Subscribed and sworn to me on DAY OF October,2017, r�w f t kT fS/Ardell F.tirade This d of 0 X 2t a S NOTARY PUBLIC-MINNES0rrA MAYOR � ssaf of the City at Y3fTt11l.Exp.J'6r1, 1.2CkCM Rochester,Minnesola (10/24) Nctafi Public BATE INFOR'°ATION 1) Lowest classified rate paid by commercial user $21.95 For comparable space (per inch/per day/display rate) 2) Publication Fee '$126.48 Ari#225761:ORDINANCE NO.4319 AN ORDINANCE CREA