News

Commissioners order review of shooting range definition

Commissioner Michael Edney said a Zoning Board of Adjustment appeal this week showed that the county's shooting range definition needs to be clarified.

By Lightning Reports, Published: March 17, 2021

Two days after the Henderson County Board of Zoning Adjustment came down in favor of a private shooting range on a large residential lot, the Board of Commissioners called for a clearer definition of shooting ranges and how they're regulated.

The Board of Adjustment voted unanimously on Monday night to uphold a determination by the county's chief code enforcement officer that the land development code (LDC) does not require homeowners to get a special-use permit for a backyard range.

“Although the definition of a shooting range is vague in the LDC, it is not Henderson County’s position to regulate small backyard shooting ranges as if they were public businesses,” Toby Linville told an attorney representing homeowners opposed to a shooting range in Edneyville last September.

Commissioner Michael Edney brought up the matter during the regular meeting of the Board of Commissioners Wednesday morning.

"We need to amend the ordinance to better define what we're talking about and what our intentions are," he said. Edney and County Attorney Russ Burrell drafted a fix for the language as "a starting point." Commissioners voted to send the draft to the Planning Board, directing the advisory board to review the issue and recommend a Land Development Code text amendment.

Commissioner Rebecca McCall attended the Zoning Board of Adjustment meeting on Monday.

"It was made very obvious publicly that the LDC is very lacking in this regard," she said. "It's very vaguely written and it was hard for our staff member to answer some questions because of the vagueness of the writing."

Commissioner David Hill flagged as too burdensome a part of the draft language that said landowners "shall" post No Trespassing signs when they're shooting on their property. Edney suggested the verb could be changed to "may."