VSSA Alert - Goochland County Proposess Anti-Gun Ordinance

Goochland County Anti-Gun Ordinance Update!

Posted 8/8/07

Goochland Passes Ordinance Aimed at Shooting Ranges

On August 7th, the Goochland County Board of Supervisors ignored the pleas of gun owners and Andrew Dykers, owner of Orapax Shooting Preserve, and passed a zoning ordinance requiring a "special use" permit to open a shooting range. This was a direct end run around a zoning appeal that Orapax had pending with the Board of Zoning Appeals scheduled for September 7th.

It has become increasingly harder for shooters to find places to shoot and the 700 acre Orapax property seemed like a prime location to provide shooters another choice to shoot sporting clays. Unfortunately, as we have seen all to often over the last several years, anti-gun residents of rural counties are filing noise complaints to prevent ranges from opening or to try and end their operation.

With last night's decision, Goochland County landowners who want to operate shooting ranges will have to apply for special permits .

The board's vote came late last night, several hours after the meeting began, said Kevin Funk, a lawyer for Goochland landowner Andrew Dykers.

Mr. Dykers said yesterday that he believes his attempt to run a clay-target shooting range on his land is behind the ordinance change. The Orapax quail-hunting preserve’s 672-acre property is located off state Route 6 in eastern Goochland. "The whole purpose of this is to try to deny this permit to me," he said. Mr. Dykers has owned the property since 1980. He and his wife, Nancy, have lived on the property since 1987.

Don Charles, Goochland's director of community development, said the ordinance change to require a conditional-use permit for shooting ranges will affect commercial operations, not landowners shooting guns in their backyards.

According to Charles "This doesn't mean that if a property owner wanted to shoot in their backyard, they need to have a conditional-use permit,"

But don't be fooled. The vote will open up the opportunity for anti-gun residents to complain if they don't like their neighbor's target practice. It has already happened in Culpeper County based on emails received by VSSA from victims of this type of harrassment.

William Quarles, a member of the Board of Supervisors, said the change is not an attempt to take away anybody's rights. He said the permit requirement had been in the zoning ordinance until it was eliminated last year. The requirement "would reinstate the ordinance so that people could decide whether they want something like this put in their neighborhood," Quarles said. Neighboring Louisa County also requires a conditional-use permit for shooting ranges.

Mr. Dykers ran a shooting range alongside his hunting preserve from 1989 to 1991. When neighbors complained about the noise, county officials informed him that he had to apply for a conditional-use permit for the business. He applied for one and was denied, forcing him to shutter the operation, he said.

When the county government reissued the zoning ordinances for agricultural land last year, the restriction on shooting ranges disappeared. The remaining ordinance section allowed for undefined accessory uses on farmland for which property owners do not have to apply for a permit. Farmers increasingly have opened up ventures on their land to supplement their incomes.

Mr. Dykers said he believes that a sporting clays range would be just such an accessory use. In March, he asked county officials to affirm his right to operate a clay-target shooting range at Orapax, but he was turned down in a letter. Mr. Dykers appealed the decision to the Board of Zoning Appeals, which set a September hearing date for the matter. Around the same time, county officials proposed to reinstate the permit requirement for shooting ranges on agricultural property.

"It's terribly unethical -- not illegal, but unethical -- to be changing laws that are in litigation," Dykers said.

The Richmond Times Dispatch quoted Goochland resident Joe Trice, who lives about 1½ miles from the proposed shooting range, attended last night's meeting. He said he remembers the noise from when Dykers operated it between 1989 and 1991. He described it as a nuisance that he likened to someone knocking lightly on the wall in the next room. "The problem is not the noise volume, but the number of shots," Trice said. "It goes on and on and on."

The RTD quoted another nearby resident, Tucker Hill, said he is afraid the noise will have another impact. "This thing depreciates our property values, and nobody has the right to do that."

This is a set back for gun owners after several victories against proposed ordinances aimed a restricting shooting on private property but the battle is not over. There is still an outstanding appeal with the Board of Zoning Appeals and Mr. Dykers has a strong case. Several of the supervisors said they would only support the ordinance if it would not affect the pending appeal. That appeal is scheduled for September. VSSA will keep members posted on any action they can take in the future.

Posted 8/2/07

Urgent!!! Your Action Needed On August 7, 2007

The Goochland County Board of Supervisors will have a public meeting on Tuesday, August 7, at 7:00 PM, in the county Administration Building, at the corner of River Road West (Va. Rt. 6) and Sandy Hook Rd. (US 522) in the village of Goochland Courthouse. The BoS will be asked to change a zoning ordinance (Agricultural General A-1) to reinstate shooting ranges as a Conditional Use requiring a Special Permit. Make no mistake, this is an attempt to keep Orapax from having a Sporting Clays Course and will impact the ability of other ranges to open in the future if the proposal is not defeated!

Just last year shooting ranges were removed from the ordinance as a Special Use by the County Attorney Andrew McRoberts (the same county attorney who tried to institute a restrictive ordinance prohibiting shooting on private property when he was employed by Culpeper County), at the behest of a private citizen of great wealth. McRoberts slipped it by the Supervisors who were not aware that it had been taken out. The Ordinance was then defined as "inclusive". McRoberts rejected Orapax's request for a range on the grounds that it was not included in the Ordinance and was therefore illegal. However, Orapax had requested their range as an Accessory Use on their Hunting Preserve, which is the largest in Virginia. Accessory Uses are permitted BY RIGHT in the Ordinance (Sec. 4). Orapax appealed his decision to the Board of Zoning Appeals (BZA), which is appointed by the Circuit Court. Ever since, McRoberts has been trying to get the law changed in anticipation that he will lose before the BZA. Next Tuesday will be his 6th try at changing laws before the BZA rules in September.

Orapax needs a large number of gun owners to turn out for the meeting to convince the Board of Supervisors to defeat this unscrupulous maneuver. Please plan to attend.

Posted 6/26/07

As background for those new to this issue, Orapax Shooting Preserve wants to use a small portion of its 676 acres for sporting clays. The owner of the property, Mr. Andrew Dykers, asked for the county’s permission before installing the range and was denied permission. He appealed the decision and a meeting of the Goochland Board of Zoning Appeals was scheduled for June 19th. Thanks to an alert issued by VSSA, NRA, and other gun groups, there was a good turnout of gun owners for the meeting to support Mr. Dykers. The County attorney tried unsuccessfully to argue that the property owners had taken too long to appeal the ruling forbidding the sporting clay use of the land. Having been thwarted in their attempt to railroad Mr. Dykers, the Board decided it needed an impartial lawyer to look at both sides of the zoning argument and postponed the hearing. No one in the audience had a chance to speak.

VSSA will update members when the Board sets a final time and date so you can turn out to support your right to shoot on private property.

The Goochland County Planning Commission met on June 21^st to consider an ordinance amending the Goochland County Zoning Ordinance (Appendix A to the Goochland County Code of Ordinances), Article 2(“Agricultural, General District A-1”) and Article 3 (“Agricultural, Limited, District A-2”) to include gun, rifle, skeet and other similar shooting ranges as a conditional use. This proposal would have had a restrictive impact on gun owners who shoot on their private property.

The Commission recommended that the zoning ordinance amendment pertaining to gun ranges, skeet shooting, sporting clays courses (etc) not be adopted by the Board of Supervisors. The Board will have a public hearing on the proposed amendment on August 7, 2007 to hear the amendment and make a decision

Gun owners living in Goochland should plan to attend the August 7 public hearing and make you voice heard. VSSA will update members on the exact time of the public hearing as we get the information. If you are not a member of VSSA’s email alert list, please go to the “Ask VSSA” link and forward your email address to use and in the body of the message ask to be added to our alert list so we can keep you informed should grassroots action be needed again.

Posted 6/19/07

On Tuesday, June 19 at 5:30 p.m. the Goochland County Board of Zoning Appeals will hear an appeal by Orapax Farms, a 30-year old hunting preserve located on nearly 700 acres, which asserts that Orapax has a "by right" to use its property to operate a sporting clays facility in conjunction with its hunting preserve. This "by right" appeal is consistent with current zoning regulations, as well as with Orapax's prior use.

In denying the original Orapax request for approval of a sporting clays facility, the county zoning administrator is somehow inferring that while lawful hunting is appropriate on the nearly 700 rural acres, shooting sporting clays in not. This decision was based on either a lack of familiarity with sporting clays, or it is an outright slap in the face of law-abiding sportsmen. For more than a quarter century Orapax has operated as a good neighbor and respected member of the community. Their support for hunting and recreational shooting in Goochland County should be applauded, rather than restricted.

Also, on Thursday, June 21 at 7:00 p.m., the Goochland County Planning Commission is likely to consider a proposal that would amend the existing county zoning ordinance by including "gun, rifle, skeet and other similar shooting ranges as conditional use" in regulations governing land zoned as "Agricultural, Limited, District A-2."

This is, yet again, another attempt by the Planning Commission to further restrict lawful recreational shooting in the county.

Please plan on attending both meetings -- tonight at 5:30 p.m. and Thursday night at 7:00 p.m. -- to show your support for hunting and recreational shooting in Goochland County! Both meetings will be held in the Goochland County Administration Building at 1800 Sandy Hook Rd. near the Rt. 522 and Rt. 6 junction -- please be sure to alert your family, friends and fellow sportsmen and urge them to attend as well

Posted 5/23/07

On Thursday, May 17, the Goochland County Board of Supervisors and the county Planning Commission held a rare combined meeting to consider an ordinance that would have dramatically revised county land use standards in an attempt to prohibit recreational shooting on private property.

Thanks in large part to the numerous law-abiding gun owners who attended and spoke at the meeting, as well as those who contacted the Board of Supervisors, the combined body declined to take action on the proposed ordinance, and has sent the measure back for “further study.”

While this is certainly a victory for Goochland’s law-abiding gun-owners, we must continue to work to ensure that this arbitrary and nebulous proposal is not once again brought before the Board of Supervisors.

If you live in Goochland, please contact your Supervisor to thank him for sending the land use proposal back for further study. If you live in another locality but shoot recreationally on Goochland property such as a shooting preserve, please contact the Board and let your voice be heard too. Also, politely remind the Board that lawful recreational shooting poses no threat in Goochland County and that the Board of Supervisors should continue to respect the rights of private property owners by opposing any ordinance that seeks to restrict lawful recreational shooting.

District 1
Andrew Pryor
(804) 457-4177
apryor@co.goochland.va.us

District 2
William Quarles
(804) 556-2927
wquarles@co.goochland.va.us

District 3
Joseph Lacy
(804) 556-4836
jlacy@co.goochland.va.us

District 4
Malvern R. Butler
(804) 784-4241
mbutler@co.goochland.va.us

District 5
James Eads
(804) 784-3944
jeads@co.goochland.va.us

Goochland County to Discuss Anti-Gun Ordinance!
Make Your Voice Heard!

Posted May 15, 2007

In a rare meeting of both the Goochland County Board of Supervisors and the county Planning Commission, the combined bodies will likely consider an ordinance that could dramatically revise county land use standards in an attempt to prohibit recreational and target shooting on private property. The meeting will be held at 7:00 P.M. on Thursday, May 17 at the Goochland Administration Building, 1800 Sandy Hood Road, Goochland.

While anti-gun zealots have yet to provide any evidence that traditional recreational shooting poses a danger or is somehow unsuitable for the county, an effort is underway to drastically revise the county's land use ordinance to create nebulous and arbitrary requirements that could very well threaten the future of recreational shooting in Goochland County.

Please make every effort to attend Thursday's meeting and voice your opposition to the proposed and unnecessary changes to the county land use ordinance. Regardless of whether or not you can attend, please contact your Board of Supervisors member and urge him to oppose any action that will unnecessarily restrict lawful recreational shooting in Goochland County.