HomeMy WebLinkAbout2018 Austin Watkins PresentationPROPOSED
AMENDMENTS TO
TITLE 18 RELATING TO
SHOOTING FACILITIES
Austin Watkins, Planning ManagerJefferson County Planning CommissionOctober 17, 2018
Agenda
Background
Overview of the proposed Commercial Shooting Facility Ordinance (“CSFO”)
Need for amendments to Title 18, Unified Development Code, (“UDC”) relating to commercial and non-commercial shooting facilities
Discussion and overview of proposed UDC amendments relating to shooting facilities
Proposed November 7, 2018 Planning Commission Public Hearing
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Background
In order to protect the public safety and ensure future viability of commercial shooting ranges, the Jefferson County Board of County Commissioners (“BoCC”) approved a one-year moratorium on commercial shooting facilities.
Moratorium expires on December 17, 2018.
Moratorium prohibits the “submission, acceptance, processing or approval of any Jefferson County permit applications for any proposed use, development, proposal or project for the siting, construction or modification of any commercial shooting facility, during the period of development of an ordinance.”
A commercial shooting facility is a “commercial facility having one or more shooting ranges that for use of the facility require a contract, charge a fee, or require membership”.
On September 9, 2018, the BoCC referred “harmonizing” UDC amendments to the Planning Commission.
The proposed UDC amendments improve the usability of the UDC and are independent of the CSFO.
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Overview of proposed CSFO
The BoCC is considering a Commercial Shooting Facility Ordinance, under Title 8 (Health and Safety). The proposed CSFO is a separate action and not subject to Planning Commission review.
The proposed CSFO changes the following in Title 8:
Consistent definitions
Requires operating permit for new commercial shooting facilities. Examples of the proposed requirements include:
Facility design plan; safety plan; operations plan; environmental plan; noise abatement plan; professional evaluation; certification under oath; and a list of properties owners within the safety fan (at least one mile).
Third party evaluation available, by an independent qualified shooting range evaluator
Inspections (pre-and annual) and annual reports.
Insurance.
Operating permits for legally established commercial shooting facilities.
Must obtain an operating permit within one-year.
Relief valve may be available under a provisional operating permit if deficiencies are corrected within an established reasonable timeline.
Inspections (pre-and annual) and annual reports.
Insurance.
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Nonconforming Uses –the Basics
Nonconforming rights, like vested rights, are considered to be a property right and interference with such rights could be subject
to constitutional challenges in the same manner as any other land use action. Vesting and nonconforming rights, 36 Wash.
Prac., Washington Land Use §11:7.
A nonconforming use is a use that lawfully existed prior to a change in regulation. King Cty., Dep't of Dev. & Envtl. Servs. v.
King Cty., 177 Wash. 2d 636, 643, 305 P.3d 240, 244 (2013). The landowner has the burden to prove that (1) the use existed
prior to the contrary zoning ordinance, (2) the use was lawful at the time, and (3) the applicant did not abandon or discontinue
the use for over a year prior to the relevant change. Id. Despite that the use may no longer be permitted, it is allowed to
continue due to the fairness and due process concerns of the landowner. Id.
As time passes, a nonconforming property use may grow in volume or intensity. Keller v. City of Bellingham,92 Wash.2d 726,
731, 600 P.2d 1276 (1979); Kitsap Cty. v. Kitsap Rifle & Revolver Club, 184 Wash. App. 252, 268, 337 P.3d 328, 335
(2014),amended on denial of reconsideration (Feb. 10, 2015). When an increase in volume or intensity of use is of such
magnitude as to effect a fundamental change in a nonconforming use, courts may find the change to be proscribed by the
ordinance. Intensification is permissible, however, where the nature and character of the use is unchanged and substantially the
same facilities are used. The test is whether the intensified use is different in kind from the nonconforming use in existence
when the zoning ordinance was adopted.
Keller, 92 Wash.2d at 731, 600 P.2d 1276; Kitsap Cty. v. Kitsap Rifle & Revolver Club, 184 Wash. App. 252, 269, 337 P.3d 328,
335 (2014), amended on denial of reconsideration (Feb. 10, 2015).
Nonconforming Uses—Property Rights Protected Under the Constitution
Nonconforming Uses—Intensification Is OK But Expansion is Not—This is Not Simple
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Nonconforming Uses –JCC 18.20.260
(1)Nonconforming uses of land are uses which currently exist and were lawfully established prior to the enactment of this code. Legally established uses may continue as long as they remain otherwise lawful, provided:
(a)The nonconforming use of land is not discontinued or abandoned for a period more than two years. A property owner may be allowed three years if they demonstrate a bona fide intention to sell or lease the property. For purposes of calculating this time period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events:
(i)On the date when the land was physically vacated;
(ii)On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; or
(iii)On the date of termination of any lease or contract under which the nonconforming use has occupied the land.
(b)A legal existing nonconforming use can be expanded up to 10 percent subject to a Type I permit approval process.
(c)A nonconforming use may be expanded beyond 10 percent through the approval of a Type II C(d) discretionary conditional use permit process. In addition to meeting the criteria set forth through the conditional use permit process, thedepartment shall determine the expansion proposal has met the following:
(i)The proposed area for expansion is contiguous to the nonconforming use;
(ii)The area for expansion of the use complies with all applicable bulk and dimensional standards, performance provisions, and environmental and shoreline (WAC 173-27-080) regulations;
(iii)The area for expansion shall not increase the land area devoted to the nonconforming use by more than 100 percent of that use at the effective date of the nonconformance;
(iv)The expansion shall not be granted if it would result in a significant increase in the intensity of the use of the nonconformity (e.g., hours of operation, traffic).10/17/2018 6
Why amend the UDC?
1.Inconsistent definitions in the UDC.
2.Possible loophole in small scale recreation and tourist uses (JCC 18.20.350(8)).
1.The current UDC defines an outdoor shooting range as “a facility specifically designed and used for safe shooting practice with firearms and/or archery practice, with individual or group firing positions for specific weaponry.”
2.The small-scale recreation and tourist use has lesser protection than that proposed in the draft CSFO.
3.Small-scale is defined as “a size or intensity which has minimal impacts on the surrounding areas”. Small-scale recreation or tourist use “means those isolated uses which are leisure or recreational in nature”.
4.The current UDC does not differentiate between commercial and non-commercial uses.
3.The UDC’s Use Table does not have commercial or non-commercial shooting facilities.
4.The UDC’s Use Table does not expressly permit indoor commercial shooting facilities.
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Approval Criteria for Conditional Uses –JCC 18.40.530
(a)The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property;
(b)The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control;
(c)The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel;
(d)The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel;
(e)The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties;
(f)The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel;
(g)The conditional use complies with all other applicable criteria and standards of this code and any other applicable local, stateor federal law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC;
(h)The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield;
(i)The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval;
(j)The conditional use has merit and value for the community as a whole;
(k)The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and
(l)The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area.
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Proposed UDC Amendments -Definitions
Refer to page 7-8 of the attached Draft Ordinance
Adds:
Commercial shooting facility;
Indoor facility;
Firearm; and
Non-commercial shooting facility
Modifies:
NRA Range Source Book (reference update);
Outdoor commercial shooting facility;
Projectile; and
Shooting range
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Proposed UDC Amendments –Modifications to Small-Scale Recreation and Tourist Uses
Modifies the following terms used in this section to be consistent with the proposed updates:
Outdoor shooting range “non-commercial outdoor shooting ranges”
Ammunition “projectile”
NRA Range Manual “NRA Source Book”
Shooting Areas “Shooting Ranges”
Shooting Range “Non-commercial Shooting Facility”.
Clarifies this section with a new definition of “non-commercial shooting facility”, closing a loophole for commercial shooting facilities.
“Non-commercial shooting facility” means any portion of a privately-owned property used for lawful shooting practice solely by its owners or the owner’s guests without payment of any compensation to the owner of the privately owned property or to any other person”.
Non-commercial shooting facilities do not have to have an operating permit under the proposed draft CFSO. However, they must meet JCC 18.20.350(8) criteria.
Continues to be a Conditional Use in Commercial Forest, Rural Forest, and Inholding Forest.
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Proposed UDC Amendments –UDC Use Table
Adds outdoor commercial shooting ranges as a Conditional Use in Rural Forest, Commercial Forest, and Inholding Forest zones only.
Adds indoor commercial shooting facilities as a Conditional Use in all zones, expect “agricultural resource lands (agricultural lands)”, “industrial use, heavy or resource-based”, or “light-industrial”.
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Public Hearing –November 7, 2018
Proposed Planning Commission Public Hearing on November 7, 2018 at 6:00pm.
Tentative location: Chimacum High School Auditorium
Written comment period proposed from October 24 until November 9, 2018.
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QUESTIONS?
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