HomeMy WebLinkAbout2018 Text of Proposed UDC Amendments
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APPENDIX 1
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Amending Title 18 JCC
relating to Shooting Facilities
Ordinance No. ______
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ORDINANCE NO. __________
WHEREAS, on December 18, 2017, the Board of County Commissioners (BoCC)
adopted Ordinance No. 05-1218-17, an Ordinance Establishing a Moratorium on Commercial
Shooting Facilities in Unincorporated Areas of Jefferson County (the Moratorium); and,
WHEREAS, staff recommended changes to Title 18 JCC relating to shooting facilities and
the new draft Article III, Chapter 8.50 JCC; and,
WHEREAS, the Planning Commission has held a hearing and has received public
comment on the draft ordinance proposed by staff that improves Title 18 JCC and would be
consistent with the new draft Article III, Chapter 8.50 JCC; and,
WHEREAS, the Planning Commission has forwarded its recommendations to the BoCC
regarding the draft ordinance proposed by staff that improves Title 18 JCC and would be consistent
with the new draft Article III, Chapter 8.50 JCC; and,
WHEREAS, following the Planning Commission’s consideration of the draft ordinance
proposed by staff that improves Title 18 JCC and would be consistent with the new Article III,
Chapter 8.50 JCC, the BoCC has held a hearing and has received public comment on the draft
ordinance proposed by staff that that improves Title 18 JCC and would be consistent with the new
draft Article III, Chapter 8.50 JCC; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the proposed ordinance that that improves Title 18 JCC and would be consistent with the new
draft Article III, Chapter 8.50 JCC,
NOW, THEREFORE, be it ordained that:
Section 1. Modification of Title 18 JCC. Title 18 JCC shall be modified as set forth in Appendix
A, including as follows:
a. Approve the use of indoor commercial shooting facilities that improves Title 18 JCC and
would comply with the new commercial shooting facility ordinance, Article III, Chapter
8.50 JCC in all zones, except “agricultural resource lands (agricultural lands),” “industrial
use, heavy or resource-based” or “light industrial.”
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b. Agricultural resource lands, industrial use, heavy or resource-based or light industrial zones
should not be included as zones for indoor commercial shooting facilities because these are
uses that are limited by GMA and the JCC provisions that implement GMA. JCC 18.10.10
defines agricultural resource lands (agricultural lands) as: “lands that are primarily devoted
to the commercial production of horticultural, viticultural, floricultural, dairy, apiary,
vegetable, or animals products or of berries, grain, hay, straw, turf, seed, or Christmas trees
not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in
upland hatcheries, or livestock, and that have long-term commercial significance for
agricultural production (RCW 36.70A.030(2)). Agricultural resource lands are divided into
two land use designations, prime (AP-20) and local (AL-20), in the Comprehensive Plan.”
JCC 18.25.020(1)(a) states: “The purpose of the prime agricultural lands district is to
protect and preserve areas of prime agricultural soils for the continued production of
commercial crops, livestock, or other agricultural products requiring relatively large tracts
of agricultural land. It is intended to preserve and protect the land environment, economy
and lifestyle of agriculture in Jefferson County. These lands must be protected as
‘agricultural lands of long-term commercial significance’.” JCC 18.25.020(1)(b) states:
“The purpose of the agricultural lands of local importance district is to protect and preserve
parcels of land which, while not necessarily consisting of prime agriculture soil or
relatively large acreage, are still considered important to the local agricultural economy,
lifestyle and environment. As such they deserve protection as ‘agricultural lands of long-
term commercial significance’.” JCC 18.10.090 defines industrial use, heavy or resource-
based as: “a use engaged in the basic processing and manufacturing of materials or
products predominately from extracted or raw materials or natural resources; a use engaged
in storage of or manufacturing processes using flammable, hazardous or explosive
materials; or manufacturing processes that potentially involve hazardous or commonly
recognized adverse conditions” JCC 18.10.120 defines light industrial as “a use involving:
(1) basic processing and manufacturing of materials or products predominantly from
previously prepared materials; or (2) finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of
such products, but excluding basic processing of raw materials except food products.”
c. Add the following definition to JCC 18.10.090: “‘Indoor facility’ means a commercial
shooting facility’ has the same meaning as ‘indoor facility’ in JCC 8.50.220(34).”facility
within a fully enclosed structure.”
d. Add definitions to Title 18 JCC needed for consistency with the new draft commercial
shooting facility ordinance. For example, a definition of commercial shooting facility that
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incorporates the definition in the new commercial shooting facility ordinance shall be
added to Title 18. Specifically:
i. Add the following definition to JCC 18.10.030: “‘Commercial shooting facility’
has the same meaning as in JCC 8.50.220(15).”“Commercial shooting facility”
means an indoor facility or outdoor facility designed and specifically designated
for safe shooting practice with firearms, whether open to the public, open only to
private membership, open to organizational training for law enforcement officers
or organizational training for members of the armed forces, or any combination of
the above. There may be one or more shooting ranges located at a commercial
shooting facility. The term commercial shooting facility does not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of
the United States, the State of Washington, or any political subdivision of the
State of Washington;
(b) Any portion of a privately-owned property used for lawful shooting practice
solely by its owner or the owner’s guests without payment of any compensation
to the owner of the privately owned property or to any other person.
ii. Add the following definition to JCC 18.10.060: “‘Firearms’ has the same meaning
as in JCC 8.50.040.”“Firearm” means a weapon or device from which a projectile
or projectiles may be fired by an explosive such as gunpowder. The definition of
“firearm” includes the terms pistol, rifle, short-barreled rifle, shotgun, short-
barreled shotgun, machine gun, and antique firearm as those terms are defined in
RCW 9.41.010. The term “firearm” shall not include: (a) devices, including but
not limited to “nail guns,” which are used as tools in the construction or building
industries and which would otherwise fall within this definition; or, (b) a
“destructive device” as defined in 18 U.S.C. §921(a)(2).
iii. Add the following definition to JCC 18.10.030: “‘NRA Range Source Book’ has
the same meaning as in JCC 8.50.220(39).”
iv.iii. Add the following definition to JCC 18.10.140: “‘Non-commercial shooting
facility’ means any portion of a privately-owned property used for lawful shooting
practice solely by its owner or the owner’s guests without payment of any
compensation to the owner of the privately owned property or to any other person.”
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v.iv. Add the following definition to JCC 18.10.140: “‘NRA Range Source Book’
hasBook” means the same meaning as in JCC 8.50.220(39).”most current version
of The NRA Range Source Book published by the National Rifle Association.
vi.v. Add the following definition to JCC 18.10.150: “‘Outdoor commercial shooting
facility’ has the same meaning ‘outdoor facility’ as in JCC 8.50.220(45).”means a
commercial shooting facility that is not an indoor facility.”
vii.vi. Delete the definition of “outdoor shooting range” in JCC 18.10.150.
i. Add the following definition to JCC 18.10.160: “‘Projectile’ has the same meaning
as in JCC 8.50.220(50).”means an object fired from a firearm.”
ii. The definition of “shooting range” in JCC 18.10.190 shall be changed to “‘Shooting
range’ has the same meaning as in JCC 8.50.220(50).”consists of a firing line or
firing points, and an impact area. A commercial shooting facility may include
multiple shooting ranges.”
e. Modify JCC 18.20.350(8) for small-scale recreation and tourist uses and other provisions
of Title 18 JCC that improves it and would to be consistent with the new draft commercial
shooting facility ordinance, while preserving their limitations for uses in effect before
adoption of the new draft commercial shooting facility ordinance. Specifically:
i. Change “outdoor shooting range” in JCC 18.20.350(8), to “non-commercial
outdoor shooting ranges.”
ii. Change “ammunition” in JCC 18.20.350(8)(a) to “projectile.”
iii. Change “NRA Range Manual” in JCC 18.20.350(8)(b) to “NRA Source Book.”
iv. Change “shooting areas” in JCC 18.20.350(8)(d), JCC 18.30.350(8)(f), and JCC
18.20.350(8)(h) to “shooting ranges.”
v. Change “shooting range” in JCC 18.20.350(8)(f) to “non-commercial shooting
facility.”
f. Modify Table 3-1 in Title 18 that improves it and would to be consistent with the new
commercial shooting facility ordinance and the Growth Management Act (GMA), while
preserving their limitations for uses in effect before adoption of this ordinance.
Specifically:
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i. Change “outdoor shooting ranges” used in Table 3-1 to “non-commercial shooting
facilities.”
ii. Add “indoor commercial shooting facilities” to Table 3-1 as a conditional use in all
zones, except “agricultural resource lands (agricultural lands),” “industrial use,
heavy or resource-based” or “light industrial.”
iii. Add outdoor commercial shooting ranges to Table 3-1 as a conditional use in RF,
CF and IF zones only.
Section 2. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS” statements)
as its findings of fact in support of this Ordinance.
Section 3. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
then the remainder of this Ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 4. Repeal and Replace. The changes authorized above are to repeal and replace the
relevant provisions in Title 18 JCC. However, legal nonconforming uses that established prior to
the adoption of this Ordinance shall continue to be bound by the requirements in JCC 18.20.350(8)
as it existed prior to the effective date of this ordinance.
Section 5. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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ADOPTED this _____ day of _________________________ 2018, at ___: ___ a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
______________________________
David Sullivan, Chair
______________________________
Kathleen Kler, Member
ATTEST: ______________________________
Kate Dean, Member
APPROVED AS TO FORM:
______________________________ ______________________________
Carolyn Gallaway, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
PROPOSED ADDITIONS OR DELETIONS TO DEFINITIONS:
18.10.030 C definitions.
“Commercial shooting facility” has the same meaning as in JCC 8.50.220(15).
(1) “Commercial shooting facility” means an indoor facility or outdoor facility designed and
specifically designated for safe shooting practice with firearms, whether open to the
public, open only to private membership, open to organizational training for law
enforcement officers or organizational training for members of the armed forces, or any
combination of the above. There may be one or more shooting ranges located at a
commercial shooting facility. The term commercial shooting facility does not include:
(a) Shooting facilities that are both owned and operated by any
instrumentality of the United States, the State of Washington, or any
political subdivision of the State of Washington;
(b) Any portion of a privately-owned property used for lawful shooting
practice solely by its owner or the owner’s guests without payment of any
compensation to the owner of the privately owned property or to any other
person.
18.10.060 F definitions.
“‘Firearms” has the same meaning as in JCC 8.50.040.
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle, short-
barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as those terms
are defined in RCW 9.41.010. The term “firearm” shall not include: (a) devices, including but
not limited to “nail guns,” which are used as tools in the construction or building industries and
which would otherwise fall within this definition; or, (b) a “destructive device” as defined in 18
U.S.C. §921(a)(2)..
18.10.090 I definitions.
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“‘“Indoor facility” means a commercial shooting facility” has the same meaning as “indoor
facility” in JCC 8.50.220(34). within a fully enclosed structure.
18.10.140 N definitions.
“Non-commercial shooting facility” means any portion of a privately owned property used for
lawful shooting practice solely by its owner or the owner’s guests without payment of any
compensation to the owner of the privately owned property or to any other person.
“NRA Range Source Book” has the same meaning as in JCC 8.50.220(39).means the most
current version of The NRA Range Source Book published by the National Rifle Association.
18.10.150 O definitions.
Outdoor Shooting Range. (See “Shooting range.”)
“Outdoor commercial shooting facility” has the same meaning “outdoor facility” as in JCC
8.50.220(45).means a commercial shooting facility that is not an indoor facility.
18.10.160 P definitions.
“Projectile” has the same meaning as in JCC 8.50.220(50).means an object fired from a firearm.
18.10.190 S definitions.
“Shooting range” has the same meaning as in JCC 8.50.220(61). meansconsists of a facility
specifically designedfiring line or firing points, and used for safean impact area. A commercial
shooting practice with firearms and/or for archery practice, with individual or group firing
positions for specific weaponryfacility may include multiple shooting ranges.
PROPOSED CHANGES TO JCC 18.20.350(8):
(8) Outdoor Shooting RangesNon-commercial shooting facilities. Outdoor shooting rangesNon-
commercial shooting facilities are subject to the following standards:
(a) They shall be located, designed, constructed and operated to prevent the likelihood of
discharge of ammunitionprojectiles beyond the boundaries of the parcel where they occur;
(b) The National Rifle Association’s Range ManualSections I and II of the NRA Source Book
shall be consulted and used in the development and operation of ranges; Articles 1, 2, and 3 of
the safety recommendations for outdoor shooting ranges shall be used as minimum guidelines in
the design, and construction and operation of shooting ranges;
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(c) Warning and trespass signs advising of the range operation shall be placed on the perimeter
of the property at intervals no greater than 50 feet;
(d) The shooting areasshooting ranges shall be surrounded by an eight-foot-high noise barrier in
the form of an earth berm or wall, or be located in a minimal eight-foot deep depression;
(e) The minimum lot size for an outdoor rifle, trap, skeet, or pistol range used by an organization
shall be 10 acres. For an outdoor archery range used by an organization, minimum lot size shall
be five acres;
(f) No structure or shooting areasshooting ranges associated with a shooting rangenon-
commercial shooting facility shall be located closer than 100 feet to any lot line;
(g) A minimum location of 500 feet is required from any occupied dwelling other than the
dwelling of the owner;
(h) All shooting areasshooting ranges must be completely fenced; and
(i) In the consideration of an application for permit, the approval authority shall take into account
both safety and noise factors, and may prescribe additional conditions with respect thereto.
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PROPOSED CHANGES TO THE USE TABLE:
Table 3-1. Allowable and Prohibited Uses.
Resource Lands Other Zones Types
Agricultural
– Prime and
Local
Forest –
Commercial,
Rural
and
Inholding
Other Zones Where
Only Indoor
Commercial Shooting
Facility Allowed
Other Zones Where No
Shooting Facility Allowed
Specific Land
Use
AG CF/RF/IF Rural Residential – 1
DU/5 Acres (RR 1:5),
Rural Residential – 1
DU/10 Acres (RR
1:10), Rural
Residential – 1 DU/20
Acres (RR 1:20),
Convenience
Crossroad (CC),
Neighborhood/Visitor
Crossroads (NC),
General Crossroad
(GC), and
Recreation, Irondale
and Port Hadlock
Urban Growth Area
(UGA), Parks,
Preserves and
Recreation (PRR)
Resource-based
Industrial, Light
Industrial/Commercial
(LI/C), Light Industrial
(LI), Light
Industrial/Manufacturing
(LI/M), Heavy Industrial
(HI)
Indoor
commercial
shooting facility
No C C No
Outdoor
commercial
shooting facility
No C No No
Outdoor
shooting ranges
No C No No
Non-commercial
shooting facility
No C No No