Firing Range is Permitted By-Right in Business District
An appellate court recently overturned a municipal decision to deny a permit to allow a firing range on
property located in a business district. Platform I LLC v. Village of Lincolnwood Zoning Board of
Appeals, 2014 IL App (1st)
133923. The owner of the proposed firing range applied for a building permit
to construct a shooting range on the second floor of the building above an
existing gun shop, relying on the "health clubs and recreation" uses
that were permitted by-right in the business district. The village's
zoning officer denied the application, stating that a firing range did not fall
within the "recreation" use. The owner
appealed to the ZBA, which agreed with the zoning officer's interpretation.
The owner then appealed to the circuit court, which also upheld the zoning
officer's interpretation,
holding that the court was required to defer to the village’s interpretation of
its own ordinance.
On appeal, the appellate court reviewed the village's zoning ordinance, and specifically the use list in
the business district that expressly allowed "health club or
recreation facility, private" as a permitted by-right use. The court that the “plain meaning” of “recreation” includes activities for
entertainment and amusement, and the zoning ordinance includes “sports” as an
aspect of recreation. The court also said that “common sense dictates
that target shooting is also considered a sport as it is an Olympic sporting
event and a recognized sporting activity within our national college
associations and 4-H clubs.” As a result, the court held that the proposed shooting range was permitted in the business district and the permit should have been issued.
The village has since
amended its zoning ordinance to specifically address shooting ranges, to
exclude them from the definition of "recreation." However, the court
did not address the subsequent amendment, instead applying the zoning ordinance
as it existed on the date the owner filed its application for a permit to
develop the shooting range.
Post Authored by Julie
Tappendorf, Ancel Glink
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