Morgan County BZA denies special exception for firearms training facility on Herbimont Road

The Morgan County Board of Zoning Appeals on March 24 voted unanimously to deny a special-exception request (SE-25-01) from Dean (Charles) Collier to operate a firearms training facility and limited FFL sales at 5600 Herbimont Road in Gregg Township. The board concluded the petitioner did not meet multiple required findings of fact related to public safety, neighboring property enjoyment and impacts on the area’s normal development.

Collier told the board he plans to teach firearms-safety classes for up to six students, with one or two range safety officers present, and to build a 50-foot-wide, 15-foot-tall backstop at the northeast corner of his property. “My classes consist of no more than 6 students at a time,” Collier said, describing classroom time in a pole barn plus limited range time using .22-caliber pistols for instruction. Collier also holds a Federal Firearms License and said he would allow limited used-gun test firing for buyers in some circumstances.

More than a dozen neighbors and two families represented by counsel spoke in opposition. An attorney representing nearby property owners (identified in the record as Mr. Kacenic) argued the petitioner could not satisfy required findings of fact, citing safety concerns from the proposed range orientation and proximity to neighboring yards, livestock and planned recreational use of adjacent land. “The staff report in your binder recommends this board not approve the petition because the petitioner cannot adequately satisfy 3 required findings of fact,” the attorney said, summarizing neighbors’ submissions.

Opponents described their properties and uses: the Ciccello and Cecil families own contiguous acreage with horses (one neighbor reported seven horses) and planned trail and playground areas; nearby residents said grandchildren play in yards close to the proposed site. Carrie Siccello told the board, “This gun range ... will destroy our peace and tranquility,” and said she was concerned about safety and the prospect of hearing gunfire near her home six days a week.

Neighbors and the attorney also cited studies and local observations they said supported concerns: noise sensitivity in horses and other livestock, the potential for errant rounds or ricochet, and an asserted local example of a fatal testing incident at a different location (referred to in testimony as Whispering Court) used to underscore risk. The opponents’ binder included photographs, maps, and citations to range-design guidance and real-estate commentary suggesting a possible negative effect on property values.

Staff summarized technical comments in the applicant’s packet: the local health department indicated that the Indiana Department of Health Commercial Division must be contacted to determine septic requirements for a commercial use; the county surveyor made no comment. Staff recommended denial on the grounds that the petitioner had not adequately satisfied findings 1, 2 and 3 (public health/safety/general welfare; injurious to use and enjoyment of neighboring property; and impediment to normal development).

Board members discussed that the Unified Development Ordinance requires positive findings on all applicable standards for a special exception. Board member Mr. Rumbaugh said the board must be satisfied that all six findings are met; he moved to deny SE-25-01 based on the record and the failure to meet multiple findings. Board member Mr. Crohn seconded the motion. The board voted unanimously to deny the special exception.

The denial means Collier’s proposed firearms instruction and on-site used-gun test-firing at 5600 Herbimont Road cannot proceed under a special exception; any future use would require a new application or other authorization in compliance with the UDO and applicable state and county permitting requirements.