Landowner Denied a Zoning Variance for the Creation of a Shooting Range Near a Church

An Indiana court ruled that a county zoning board acted properly in denying a landowner’s application for a zoning variance allowing him to operate a shooting range on his property due in part to the offensive noise it would cause to a nearby church.

Background

A landowner (the “plaintiff”) owned property in a low-density residential (“R-2”) zoning district. The land around the plaintiff’s property contains single-family dwellings, farmland, woods, a museum, and a church.

The plaintiff wished to establish and operate a shooting range on his property, which was to consist of an indoor classroom and an outdoor shooting range. The property was not zoned for this type of use.

In 2019, he petitioned the County Advisory Board of Zoning Appeals (the “board”) for a special zoning variance. After a hearing, the board denied the plaintiff’s petition ...